HomeMy WebLinkAbout2021-10-25 City Council Meeting Packet
AGENDA
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, October 25, 2021
City Hall, Council Chambers
Meeting No. 20-21
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
D. APPROVAL OF AGENDA
E. APPROVAL OF MINUTES
1. October 11, 2021 City Council Workshop Meeting Minutes
2. October 11, 2021 City Council Meeting Minutes
F. APPOINTMENTS AND PRESENTATIONS
1. Administrative Presentations
a. Council Calendar Update
2. Council Presentations
3. Presentation from Dr. Jenny Loeck, Superintendent of Roseville Area Schools
4. Fix It Launch Update
5. Resolution for Commissioner Appointments
6. Resolution of Appreciation for Keith Buttleman, Environmental and Natural
Resources Commissioner
G. CONSENT AGENDA – Items on the Consent Agenda are considered routine and non-
controversial and are approved by one motion of the council. If a councilmember
requests additional information or wants to make a comment regarding an item, the vote
should be held until the questions or comments are made then the single vote should be
taken. If a councilmember objects to an item it should be removed and acted upon as a
separate item.
1. Approval of Claims
2. Financial Report for Month Ended September 30, 2021
3. Conditional Use Permit Review, Trails Edge Apartments, 3000 Country View Drive
4. Contract for Purchase of Gas and Diesel Fuel with the State of Minnesota Fixed
Price Fuel Program for 2022
5. Purchase of Front End Wheel Loader
6. Resolution for Reduction of Retainage on Existing Construction Contract, County
Road B and Arcade Street Improvements, City Project 19-22
7. Encroachment Agreement with 2263 Dahl Avenue East
8. 2022 SCORE Grant Funding Application
H. PUBLIC HEARINGS – If you are here for a Public Hearing please familiarize yourself
with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk
before addressing the council. At the podium please state your name and address
clearly for the record. All comments/questions shall be posed to the Mayor and Council.
The Mayor will then direct staff, as appropriate, to answer questions or respond to
comments.
1. EDA Tax Increment Financing District No. 1-15
a. Public Hearing
b. Resolution Approving Modification of the Development District Program for
Development District No. 1 and the Tax Increment Financing Plan for TIF
District No. 1-15
I. UNFINISHED BUSINESS
1. Resolution Awarding the Sale of G.O. Refunding Bonds, Series 2021B
2. Award of 2022 Charitable Gambling Funds
J. NEW BUSINESS
1. Retail Theft Diversion Program Contract
2. Lower Afton Apartments, 2501 Londin Lane
a. Zoning Map Amendment Ordinance
b. Conditional Use Permit Resolution
c. Design Review Resolution
3. Wetland Buffer Variance Resolution, Single-Family House, 1091 County Road C
K. AWARD OF BIDS
None
L. ADJOURNMENT
Sign language interpreters for hearing impaired persons are available for public hearings upon
request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s
Office at 651.249.2000 to make arrangements. Assisted Listening Devices are also available. Please
check with the City Clerk for availability.
RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY
Following are rules of civility the City of Maplewood expects of everyone appearing at Council
Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s
opinions can be heard and understood in a reasonable manner. We appreciate the fact that when
appearing at Council meetings, it is understood that everyone will follow these principles:
Speak only for yourself, not for other council members or citizens - unless specifically tasked by
your colleagues to speak for the group or for citizens in the form of a petition.
Show respect during comments and/or discussions, listen actively and do not interrupt or talk
amongst each other.
Be respectful of the process, keeping order and decorum. Do not be critical of council members,
staff or others in public.
Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive.
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MINUTES
MAPLEWOOD CITY COUNCIL
MANAGER WORKSHOP
5:30 P.M. Monday,October 11, 2021
City Hall, Council Chambers
A.CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambersand was called to
order at5:31 p.m. by Mayor Abrams.
B.ROLL CALL
Marylee Abrams, MayorPresent
Rebecca Cave, CouncilmemberPresent
Kathleen Juenemann, CouncilmemberAbsent
William Knutson, CouncilmemberPresent
Nikki Villavicencio,CouncilmemberPresent
C.APPROVAL OF AGENDA
CouncilmemberCavemoved to approve the agenda as submitted.
Seconded by CouncilmemberKnutsonAyes – All
The motion passed.
D.UNFINISHED BUSINESS
None
E.NEW BUSINESS
1.Commissioner Interviews
Mayor Abrams assignedthe interview questions to council.The following candidates were
interviewed:
David Hughes - Heritage Preservation Commission
Barbara Kearn - Heritage Preservation Commission
Kurt Zilley - Heritage Preservation Commission
Cathy Seiford - Heritage Preservation Commission
Holly Koep - Housing & Economic DevelopmentCommission
Emma Broadnax - Environmental & Natural Resources Commission
Benjamin Guell - Environmental & Natural Resources Commission
No Action Required.
F.ADJOURNMENT
Mayor Abramsadjourned the meetingat6:29p.m.
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MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, October 11, 2021
City Hall, Council Chambers
Meeting No. 19-21
A.CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called
to order at7:00p.m. by Mayor Abrams.
Mayor Abrams commented on the events in Maplewood this past weekendincluding
attended the shredding event at Aldrich Arena, Ramsey County hazardous waste drop-
off, and the open house at the Maplewood South Fire Station.
B.PLEDGE OF ALLEGIANCE
Oskar Kleiter,Lucas Schirmer,Myles Fauske,David Ennis, & Wesley Loughreywith Cub
Scouts pack 471led the council in the pledge of allegiance.
C.ROLL CALL
Marylee Abrams, MayorPresent
Rebecca Cave,CouncilmemberPresent
Kathleen Juenemann, CouncilmemberAbsent
William Knutson, CouncilmemberPresent
Nikki Villavicencio, CouncilmemberPresent
D.APPROVAL OF AGENDA
The following items were added to council presentations:
Ramsey County proposed changes to park ordinance.
CouncilmemberKnutsonmoved to approve the agenda as amended.
Seconded by CouncilmemberCave Ayes – All
The motion passed.
E.APPROVAL OF MINUTES
1.September 27, 2021City CouncilWorkshop Meeting Minutes
CouncilmemberCavemoved to approve the September 27, 2021 City CouncilWorkshop
Meeting Minutes assubmitted.
Seconded by CouncilmemberVillavicencioAyes – All
The motion passed.
2.September27, 2021 City CouncilMeeting Minutes
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CouncilmemberCavemoved to approve the September 27, 2021 City Council Meeting
Minutes as submitted.
Seconded by CouncilmemberKnutsonAyes – All
The motion passed.
F.APPOINTMENTS AND PRESENTATIONS
1.Administrative Presentations
a.Council Calendar Update
City Manager Coleman gave an update to thecouncil calendar and reviewed other topics
of concern or interest requested by councilmembers.
2.Council Presentations
Ramsey County proposed changes to park ordinance
Mayor Abrams announced that Ramsey County is considering expanding county park
access hours and outlined opportunities for residents to share opinions andcomments.
3.Heart Safe Community Recognition Presentation
Fire & EMS Chief Mondor introduced the presenter. Renee Hamdorf, with Allina Health
Heart Safe Communities, gave the presentation and recognized Maplewood as a Heart
Safe City.
No Action Required.
4.Resolution for Commissioner Appointments
City Manager Coleman gave the staff report.
CouncilmemberKnutsonmoved to approvetheresolution to appoint the candidates to
the commissions.
Resolution 21-10-1990
RESOLUTION
BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
Hereby appoints the following individuals, who the Maplewood City Council has reviewed,
to be appointed to the following commission or board:
Community Design Review Board
Tom Oszman term expires April 30, 2023
Amanda Reinert term expires April 30, 2022
Parks & RecreationCommission
Monica Barton term expires April 30, 2024
Mark Harris term expires April 30, 2024
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Seconded by CouncilmemberCave Ayes – All
The motion passed.
G.CONSENT AGENDA – Items on the Consent Agenda are considered routine and non-
controversial and are approved by one motion of the council. If a councilmember
requests additional information or wants to make a comment regarding an item, the vote
should be held until the questions or comments are made then the single vote should be
taken. If a councilmember objects to an item it should be removed and acted upon as a
separate item.
Agenda Items G2, G8, & G9 were highlighted.
CouncilmemberKnutsonmoved to approve agenda items G1-G12.
Seconded by CouncilmemberCave Ayes – All
The motion passed.
1.Approval of Claims
CouncilmemberKnutsonmoved to approve the approval of claims.
ACCOUNTS PAYABLE:
$1,114,482.97Checks # 108008 thru # 108033
dated 09/28/21
$74,538.50Checks # 108034 thru # 108055
dated 10/05/21
$904,521.95Disbursements via debits to checking account
dated 09/20/21 thru 10/03/21
$2,093,543.42Total Accounts Payable
PAYROLL
$608,047.71Payroll Checks and Direct Deposits dated 10/01/21
$608,047.71Total Payroll
$2,701,591.13GRAND TOTAL
Seconded by CouncilmemberCaveAyes – All
The motion passed.
2.2021–2022 School Resource Officer Agreement with Independent School
District 622
Public Safety Director Bierdemananswered questions of council.
CouncilmemberKnutsonmoved to approve the 2021–2022 School Resource Officer
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Agreement with Independent School District 622.
Seconded by CouncilmemberCaveAyes – All
The motion passed.
3.Conditional Use Permit Review, Justice Allen Page Elementary School, 2410
Holloway Avenue
CouncilmemberKnutsonmoved to approve the CUP review for the Justice Allen Page
Elementary School project located at 2410 Holloway Avenue, for one year.
Seconded by CouncilmemberCave Ayes – All
The motion passed.
4.Conditional Use Permit Review, The Car Buying Center (Eurowerks), 1955
County Road D East
CouncilmemberKnutsonmoved to approve the CUP review forThe Car Buying Center
(Eurowerks) located at 1955 County Road D East and review again in one year.
Seconded by CouncilmemberCaveAyes – All
The motion passed.
5.Conditional Use Permit Review, HyVee Fast and Fresh, 2501 White Bear
Avenue
CouncilmemberKnutsonmoved to approve the CUP review for the HyVee Fast and
Fresh Convenience Store located at 2501 White Bear Avenue and review again only if a
problem arises or a major change is proposed.
Seconded by CouncilmemberCaveAyes – All
The motion passed.
6.Conditional Use Permit Review, Family Auto Sales, 1065 Highway 36
CouncilmemberKnutsonmoved to approve the CUP review for Family Auto Sales
located at 1065 Highway 36 and review again in one year.
Seconded by CouncilmemberCaveAyes – All
The motionpassed.
7.Purchasing Agreement with Axon Enterprise Inc. for Fire Department Body
Worn Cameras
CouncilmemberKnutsonmoved to approve the purchasing agreement with Axon
Enterprise Inc. for Fire Department body worn cameras.
Seconded by CouncilmemberCaveAyes – All
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The motion passed.
8.On-Sale Wine License for Best Indian Food Inc. d/b/a Indian Masala, 27
Century Avenue North
City Clerk Sindt gave the staff report.Harpreet Virk, qwner & manager, addressed the
council and provided further information.
CouncilmemberKnutsonmoved to approve the On-Sale Wine license for Best Indian
Food Inc. d/b/a Indian Masala, located at 27 Century Avenue North.
Seconded by CouncilmemberCaveAyes – All
The motion passed.
9.On-Sale Intoxicating Liquor and Sunday Sales License for MC Maplewood
LLC d/b/a Millions Crab, 1745 Beam Avenue
City Clerk Sindt gave the staff report.Xianwu Yang, owner & manager of Millions Crab,
addressed the council throughtranslator,Mingfeng Hong.
CouncilmemberKnutsonmoved to approve the On-Sale Intoxicating Liquor and Sunday
Sales license for MC Maplewood LLC d/b/a Millions Crab at 1745 Beam Avenue.
Seconded by CouncilmemberCaveAyes – All
The motion passed.
10.Consent to Assignment Documents Regarding Frost English Silver Project
CouncilmemberKnutsonmoved to approvetheresolution entitled “Resolution Authorizing
Execution of Consents to Assignment and Assumption of Development Agreement and
Assignment of Tax Increment Revenue Note (Frost English Silver) and Assignment of
Tax Increment Revenue Note and Development Agreement and Amendment to
Development Agreement”.
Resolution 21-10-1991
WHEREAS, in 2015, the City established Tax Increment Financing District 1-13, a
redevelopment tax increment financing district, to assist a multi-phase multiple family
housing project at Frost Avenue and English Street; and
WHEREAS, on October 26, 2018,the City issued to Maplewood Senior
Apartments, LLC , the developer of Frost English Silver, the 107-unit Phase II of the
project, a pay-as-you-go TIF Note in the principal amount of $3,900,000; and
WHEREAS, Maplewood Senior Apartments, LLC is selling Phase II of the project
to Frost English Silver I LLC (the “Buyer”) and assigning the Note to the Buyer; and
WHEREAS, the Buyer is financing the transaction and collaterally assigning its
interest in the Note to its lender as additional security for the loan; and
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WHEREAS, the 2017 Development Agreement between the City and the
developer prohibits the assignment of the Note without the consent of the City; and
WHEREAS, appropriate agreements have been submitted by the parties to this
transaction and reviewed by the City and have been found to be in proper form.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Maplewood, Minnesota as follows:
1.The Mayor and City Manager are authorized and directed to execute
Consents to the following documents in the general forms attached hereto:
a.Assignment and Assumption of Development Agreement and
Assignment of Tax Increment Revenue Note (Frost English Silver); and
b.Assignment of Tax Increment Revenue Note and Development
Agreement and Amendment to Development Agreement.
2.City staff are authorized and directed to change the ownership registration of
the Note in the City’s records in accordance with the above documents.
3.City staff and consultants are authorized and directed to take all additional
actions as may be necessary or convenient to facilitate the intent of this
resolution.
Seconded by CouncilmemberCaveAyes – All
The motion passed.
11.Resolution Reaffirming and Approving the Sale of 2228 Maplewood Drive
Councilmember Knutsonmoved to approve the resolution reaffirming and approving the
sale by the city of 2228 Maplewood Drive and the purchase agreement therefor.
Resolution 21-10-1992
RESOLUTION REAFFIRMING AND APPROVING THE SALE BY THE CITY OF 2228
MAPLEWOOD DRIVE AND THE PURCHASE AGREEMENT THEREFOR
WHEREAS, the City of Maplewood (the “City”) is the owner of certain real
property located at 2228 Maplewood Drive , in the City of Maplewood, Minnesota (the
“Property”); and
WHEREAS, the legal description of the Property is:
Lot 1, Block 1, Keller Addition, Ramsey County, Minnesota
WHEREAS, Barostas, LLC, a Minnesota limited liability company (the “Buyer”)
has offered to purchase the Property and the City has accepted such offer to purchase;
and
WHEREAS, the City previously approved the Purchase Agreement conveying the
Property to Buyer at its regular meeting on August 9, 2021 which approval was
documented in the City’s official minutes for said meeting; and
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WHEREAS, to timely complete the contemplated transaction, thetitle company
utilized by the City and Buyer has requested that the City execute this resolution for
recoding purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MAPLEWOOD, MINNESOTA AS FOLLOWS:
1.The recitals set forth herein are incorporated into and made a part hereof.
2.The City’s minutes from its regular meeting on August 9, 2021, which include
approval of the purchase agreement with Barostas, LLC for the Property, are
hereby reaffirmed and incorporated herein.
3.The Mayor and the City Manager, staff, and consultants are hereby authorized
and directed to take any and all additional steps and actions necessary or
convenient in order to accomplish the intent hereof.
Seconded by CouncilmemberCave Ayes – All
The motion passed.
12.Resolution Reaffirming and Approving the Sale of 2501 Londin Lane East
CouncilmemberKnutsonmoved to approve the resolution reaffirming and approving the
sale by the city of 2051 Londin Lane East and the purchase agreement therefor.
Resolution 21-10-1993
RESOLUTION REAFFIRMING AND APPROVING THE SALE BY THE CITY OF 2501
LONDIN LANE EAST AND THE PURCHASE AGREEMENT THEREFOR
WHEREAS, the City of Maplewood (the “City”) is the owner of certain real
property located at 2501 Londin Lane East, in the City of Maplewood, Minnesota (the
“Property”); and
WHEREAS, the legal description of the Property is:
Part of the Northwest ¼ of the Northeast ¼ of Section 12, Township 28,
Range 22 lying Southwesterly of New Lower Afton Road and lying Northerly
and Northwesterly of Londin Lane, Ramsey County, Minnesota; and
WHEREAS, Real Estate Equities, LLC, a Minnesota limited liability company (the
“Buyer”) has offered to purchase the Property and the City has accepted such offer to
purchase; and
WHEREAS, the City previously approved the Purchase Agreement conveying the
Property to Buyer at its regular meeting on June 14, 2021, which approval was
documented in the City’s official minutes for said meeting; and
WHEREAS, to timely complete the contemplated transaction, the title company
utilized by the City and Buyer has requested that the City execute this Resolution for
recoding purposes.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MAPLEWOOD, MINNESOTA AS FOLLOWS:
1.The recitals set forth herein areincorporated into and made a part hereof.
2. The City’s minutes from its regular meeting on June 14, 2021, which include
approval of the purchase agreement with Real Estate Equities, LLC for the
Property, are hereby reaffirmed and incorporated herein.
3. The Mayor and the City Manager, staff, and consultants are hereby
authorized and directed to take any and all additional steps and actions
necessary or convenient in order to accomplish the intent hereof.
Seconded by CouncilmemberCaveAyes – All
The motion passed.
H.PUBLIC HEARINGS– If you are here for a Public Hearing please familiarize yourself
with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk
before addressing the council. At the podium please state your nameand address clearly
for the record. All comments/questions shall be posed to the Mayor and Council. The
Mayor will then direct staff, as appropriate, to answer questions or respond to comments.
None
I.UNFINISHED BUSINESS
1.Lot Width Variance Resolution, 2010 Edgerton Street North
CommunityDevelopment Director Thomson gave the staff report.
Mayor Abramsmoved to approve a resolution denying a variance request to create a lot
34 feet in width for the property located at 2010 Edgerton Street North.
Resolution 21-10-1994
VARIANCE RESOLUTION
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Background.
1.01 Bruce and Denise Wold (property owners) have requested a variance to the
requiredminimum lot width in order to subdivide the existing property located at
2010Edgerton Street North.
1.02 A variance is requested to allow a lot width of 34 feet.
1.03 The property located at 2010 Edgerton Street North is legally described as:
PID# 172922130078The North 320 feet of the West Half of the Southwest
Quarter of the NortheastQuarter of Section 17, Township 29, Range 22, Ramsey
County, Minnesota,EXCEPT the North 182 feet of the West 195 feet thereof and
ALSO EXCEPT theEast 145 thereof.
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Section 2. Standards.
2.01 Variance Standard. City Ordinance Section 44-13 refers to state statute which
statesa variance may be granted from the requirements of the zoning ordinance
when: (1)the variance is in harmony with the general purposes and intent of this
ordinance; (2)when the variance is consistent with the comprehensive plan; and
(3) when theapplicant establishes that there are practical difficulties in complying
with theordinance. Practical difficulties mean: (1) the proposed use is reasonable;
(2) theneed for a variance is caused by circumstances unique to the property, not
createdby the property owner, and not solely based on economic conditions; (3)
thevariance, if granted, will not alter the essential character of the locality.
Section 3. Findings.
3.01 The variance request for a lot width of 34 feet does not meet the required
standardsfor a variance. Staff does notfind:
1. That the need for a variance is caused by circumstances unique to the
property,not created by the property owner, and not solely based on
economic conditions;
2. That the need for a variance is in harmony with the general purposes and
intentof this ordinance; and
3. That the variance is consistent with the comprehensive plan.
Section 4. City Review Process
4.01The City conducted the following review when considering the variance requests.
4.02 On July 20, 2021, the planning commission held a public hearing. The city staff
published a hearing notice in the Pioneer Press and sent notices to the
surroundingproperty owners. The planning commission gave everyone at the
hearing a chanceto speak and present written statements. The planning
commission recommended that the city council approve this resolution.
4.03 On August 9, 2021, and on October 11,2021, the city council discussed this
resolution. They considered reports and recommendations from the planning
commission and city staff.
Section 5. City Council
5.01 The city council hereby approves the resolution. Denial of the application is based
on the findings outlined in section 3 of this resolution.
Seconded by CouncilmemberKnutsonAyes – All
The motion passed.
J.NEW BUSINESS
1.The American Cooperative on Lake Phalen, 1875 East Shore Drive
a.Conditional Use Permit for a Shoreland Planned Unit Development,
Preliminary Plat and Final Plat Resolution
b.Design Review Resolution
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Community Development Director Thomson gave the staff report. Mick Conlan,
President of Gramercy Development addressed the council and provided further
information.
CouncilmemberKnutsonmoved to approve a conditional use permit for a shoreland
planned unit development, preliminary plat and final plat resolution for a 60-unit senior
housing cooperative building to be constructed at 1875 East Shore Drive.
Resolution 21-10-1995
CONDITIONAL USE PERMIT FOR A SHORELAND PLANNED UNITDEVELOPMENT,
PRELIMINARY PLAT AND FINAL PLAT RESOLUTION
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Background.
1.01Mick Conlan, of Gramercy Development, has requested approval of a conditional
use permit for a shoreland planned unit development.
1.02The existing lot is currently an outlot and the applicant has requested approval for
preliminary platand final plat in order to develop this property.
1.03The property is located at 1875 East Shore Drive and is legally described as:
PIN: 162922310030 – Outlot A, Shores of Maplewood, Ramsey County,
Minnesota.
Section 2. Standards.
2.01City Ordinance Section 44-1242 requires a Conditional Use Permit for a
Shoreland Planned Unit Development.
2.02Shoreland Conditional Use Permit Standards. City Ordinance Sec. 44-1247 states
that the City Council must base approval of a Conditional Use Permit within
Shoreland areas.
1.There would be no soil erosion or pollution of public waters during or after
construction.
2.The proposed plan would limit the visibility of structures from public waters
(assuming summer conditions).
3.The types, uses and numbers of any watercraft that the project would
generate would be compatible with the capacity of the public waters to handle
these watercraft.
2.03General Conditional Use Permit Standards. City Ordinance Section 44-1097(a)
states that the City Council must base approval of a Conditional Use Permit on
the following nine standards for approval.
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1.The use would be located, designed, maintained, constructed and operated
to be in conformity with the City’s Comprehensive Plan and Code of
Ordinances.
2.The use would not change the existing or planned character of the
surrounding area.
3.The use would not depreciate property values.
4.The use would not involve any activity, process, materials, equipment or
methods of operation that would be dangerous,hazardous, detrimental,
disturbing or cause a nuisance to any person or property, because of
excessive noise, glare, smoke, dust, odor, fumes, water or air pollution,
drainage, water run-off, vibration, general unsightliness, electrical
interference or other nuisances.
5.The use would not exceed the design standards of any affected street.
6.The use would be served by adequate public facilities and services, including
streets, police and fire protection, drainage structures, water and sewer
systems, schools and parks.
7.The use would not create excessive additional costs for public facilities or
services.
8.The use would maximize the preservation of and incorporate the site’s
natural and scenic features into the development design.
9.The use wouldcause minimal adverse environmental effects.
2.04City Ordinance Section 34-8 sets the minimum design standards for preliminary
plats and final plats.
Section 3. Findings.
3.01The proposal meets the specific conditional use permit standards for a shoreland
planned unit development.
3.02The proposal meets the specific subdivision design standards for a preliminary
plat and a final plat.
Section 4. City Review Process
4.01The City conducted the following review when considering the conditional use
permit for a planned unit development amendment request.
1.On September 21, 2021, the planning commission held a public hearing. City
staff published a hearing notice in the Pioneer Press and sent notices to the
surrounding property owners. The planning commission gave everyone at the
hearing a chance to speak and present written statements. The planning
commission recommended that the city council approve this resolution.
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2.On October 11, 2021, the city council discussed this resolution. They
considered reports and recommendations from the planning commission and
city staff.
Section 5.City Council
5.01The city council hereby approves the resolution. Approval is based on the findings
outlined in section 3 of this resolution. Approval is subject to the following
conditions: (additions are underlined and deletions are crossed out):
1.Adherence to the design and site plans date-stamped September 3, 2021.
The director of community development may approve minor changes.
2.The proposed constructionmust be substantially started within one year of
council approval or the permit shall become null and void.
3.The city council shall review this permit in one year.
4.This approval permits density credits for underground parking and high-rise
units adding 0.69 acres to the overall site size.
5.This approval permits the project to build a four-story, 53’-8” tall senior
housing cooperative building. All requirements of the fire department must be
met in the construction of this building.
6.This approval permits an 18-foot side yard setback for the decks on the
southwest corner of the building and the parking lot as shown on the site plan
date-stamped September 3, 2021.
7.This approval permits a 21-foot front yard setback for decks and a first-level
canopy on the east side of the building as shown on the site plan date-
stamped September 3, 2021.
8.This approval permits a concrete patio directly east of the building is
permitted to be setback eight feet from the front property line as shown on
the site plan date-stamped September 3, 2021.
9.This approval permits a concrete patio and pergola on the south portion of
the site is permitted to be setback 13 feet from the south property line and
nine feet from the east and west property lines as shown on the site plan
date-stamped September 3, 2021.
10.This approval permits a reduction of the 50 percent open space requirement.
The applicant shall be required to submit a stormwater management plan to
the City Engineer and receive approval for a 20 percent impervious surface
bonus as allowed by the shoreland ordinance in order to have 60 percent of
the site covered by impervious surface.
11.Prior to the City signing the final plat for recording the applicant must submit
the following:
a. A plat opinion letter from the city attorney.
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Seconded by CouncilmemberCaveAyes – All
The motion passed.
Councilmember Knutsonmoved to approve a resolution for design review.
Resolution 21-10-1996
DESIGN REVIEW RESOLUTION
Be it resolved by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Background.
1.01Mick Conlan, of Gramercy Development, has requested approval of a design
review.
1.02The property is located at 1875 East Shore Drive and is legally described as:
PIN: 162922310030 – Outlot A, Shores of Maplewood, Ramsey County,
Minnesota.
1.03 On September 21, 2021, the community design review board reviewed this
request. The applicant was provided the opportunity to present information to the
community design review board. The community design review board considered
all of the comments received and the staff report, which are incorporated by
reference into this resolution.
Section 2. Site and Building Plan Standards and Findings.
2.01City ordinance Section 2-290(b) requires that the community design review board
make the following findings to approve plans:
1.That the design and location of the proposed development and its
relationship to neighboring, existing or proposed developments and traffic is
such that it will not impair the desirability of investment or occupation in the
neighborhood; that it will not unreasonably interfere with the use and
enjoyment of neighboring, existing or proposed developments; and that it will
not create traffic hazards or congestion.
2.That the design and location of the proposed development are in keeping
with the character of the surrounding neighborhood and are not detrimental to
the harmonious, orderly and attractive development contemplated by this
article and the city's comprehensive municipal plan.
3.That the design and location of the proposed development would provide a
desirable environment for its occupants, as well as for its neighbors, and that
it is aesthetically of good composition, materials, textures and colors.
Section 3. City Council Action.
3.01The above-described site and design plans are hereby approved based on the
findings outlined in Section 3 of this resolution. Subject to staff approval, the site
must be developed and maintained in substantial conformance with the design
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plans date-stamped September 3, 2021. Approval is subject to the applicant doing
the following:
1.Obtain a conditional use permit for a shoreland planned unit development
from the city council for this project.
2.Repeat this review in two years if the city has not issued a building permit for
this project.
3.All requirements of the fire marshal and building official must be met.
4.Satisfy the requirements set forth in the engineering review authored by Jon
Jarosch, dated September 9, 2021.
5.Satisfy the requirements set forth in the environmental review authored by
Shann Finwall and Carole Gernes, dated September 13, 2021.
6.The applicant shall obtain all required permits from the Ramsey-Washington
Metro Watershed District.
7.Rooftop vents and equipment shall be located out of view from all sides of the
property.
8.A comprehensive sign plan is approved for this project, subject to the
following conditions:
a.A single monument sign is approved for this site and must meet the
requirements of the city’s sign ordinance. The monument sign shall be
designed to be consistent with the project’s building materials and
colors.
b.The monument sign must be located within the property boundaries and
meet setback requirements.
c. The director of community development may approve minor changes.
9.Prior to the issuance of a building permit, the applicant shall submit for staff
approval the following items:
a.The applicant shall provide the city with a cash escrowor an irrevocable
letter of credit for all required exterior improvements. The amount shall
be 150 percent of the cost of the work.
b.Submit to staff a screening plan detailing that all ordinance
requirements are met in terms of screening on the west side of the
property.
c. Submit to staff plans for the proposed pergola on the south portion of
the site.
d.Submit to staff a revised photometric plan meeting all city requirements.
10.The applicant shall complete the following before occupying the building:
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a.Replace any property irons removed because of this construction.
b.Provide continuous concrete curb and gutter around the parking lot and
driveways.
c. Install all required landscaping and an in-ground lawn irrigation system
for all landscaped areas.
d.Install all required outdoor lighting.
e.Install all required sidewalks and trails.
11.If any required work is not done, the city may allow temporary occupancy
if:
a.The city determines that the work is not essential to public health, safety
or welfare.
b.The above-required letter of credit or cash escrow is held by the City of
Maplewood for all required exterior improvements. The owner or
contractor shall complete any unfinished exterior improvements by June
1 of the following year if occupancy of the building is in the fall or winter
or within six weeks of occupancy of the building if occupancy is in the
spring or summer.
12.All work shall follow the approved plans. The director of community
development may approve minor changes
Seconded by CouncilmemberVillavicencioAyes – All
The motion passed.
2.Ordinance Amendment for Dynamic Display Signs
a.Ordinance Amendment to Chapter 44, Zoning, Revising Standards for
Dynamic Display Signs
b.Resolution Authorizing Publication of theOrdinance by Title and
Summary (4 votes)
Community Development Director Thomson gave the staff report. Sean Kelly, with Wold
Architects on behalf of ISD 622, addressed the council.
CouncilmemberKnutsonmoved to approve the ordinance amending city codechapter 44
zoning, article lll. sign regulations, relating to dynamic display signs for institutional uses
within the City of Maplewood.
Ordinance1023
AN ORDINANCE AMENDING CITY CODE CHAPTER 44 ZONING, ARTICLE III. SIGN
REGULATIONS, RELATING TO DYNAMIC DISPLAY SIGNS FOR INSTITUTIONAL
USES WITHIN THE CITY OF MAPLEWOOD
The Maplewood City Council ordains as follows:
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Section I. Section 44-732 is amended by adding subsection 9:
Sec. 44-732. - Comprehensive sign and mural plans.
(9) All permitted institutional or public uses.
Section II. Section 44-733 is amended by adding the following definition:
Sec. 44-733.-Definitions.
Institutional or public uses means uses such as public schools, fire stations, libraries,
watersystem facilities, religious institutions, cemeteries, private schools, and other City,
County, andState-used and owned properties.
Section III. Section 44-742 is amended by adding subsections b(7) and c(8) to read
asfollows:
Sec. 44-742. - Permitted signs in land use and zoning districts.
(b)Signs in residential zoning districts (Districts R-1, R-1R, R-S, R-E, R-2, R-3 and all
subsequent residential zoning districts adopted after the date of this article). All
signs requirea sign permit unless otherwise noted.
(7) On-site dynamic display signs for permitted institutional or public uses. (Refer
to section44-743- dynamic display signs).
(c) Signs in the LBC (limited business commercial), CO (commercial office), and NC
(neighborhood commercial) zoning districts. All signs require a sign permit unless
otherwisenoted.
(8) On-site dynamic display signs for permitted institutional or public uses. (Refer
to section44-743- dynamic display signs).
Section IV. Section 443-743 (c) and (d) are amended and subsection (k) is added to
read asfollows:
(c) Standards for dynamic display signs located in the business commercial (BC) or
heavyor light industrial (M-2 and M-1) zoning districts:
**
(d) On-site dynamic display signs. On-site dynamic display signs located in the
businesscommercial (BC) or heavy or light industrial (M-2 and M-1) zoning
districts are allowedsubject to the following conditions:
(1) The images and messages displayed on the on-site dynamic display sign
must be staticand each display must be maintained for a minimum of two
minutes; and the transitionfrom one static display to another must be
instantaneous without any special effects.
(2) Are allowed as part of a permanent freestanding sign, provided that the sign
comprisesno more than 50 percent of the total square footage of said sign
face.
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(3) Must be located at least 200 feet from any property where there are structures
used forresidential purposes or from any park or open space land use
district.
(4) Must be located at least 100 feet from any side property line.
(5) Display and advertisement of products, events, persons, institutions, activities,
businesses, services, or subjects which are located on the premises only or
which givepublic service information.
(k) On-site dynamic display signs are permitted in zoning districts when in conjunction
with apermitted institutional or public use, subject to the following conditions:
(1)Dynamic Display signs require approval of a comprehensive sign plan.
(2)All properties within 350 feet of a proposed dynamic display sign shall be notified of
theapplication for a comprehensive sign plan.
(3) Dynamic display signs are only permitted on monument signs. The area around the
baseof the sign shall be landscaped.
(4) One dynamic display sign as part of a monument sign is permitted for each property.
The entire monument sign cannot exceed 8 feet in height and 50 square feet in size.
(5) The digital display portion of the sign may not comprise more than 50% of the sign
area.The remainder of the sign must not have the capability to have a dynamic
display.
(6) All monument signs with a digital display shall maintain at least a ten-foot setback
fromany lot line and shall not be placed in a public right-of-way. This setback shall be
increased to 20 feet if the adjacent property is used or shown on the city's land use
planfor residential use.
(7) The images and messages displayed must be static, and the transition from one
displayto another must be instantaneous without any special effects. Motion,
animation andvideo images are prohibited on dynamic LED sign displays. No portion
of the imagesmay flash, scroll, twirl, change color, or in any manner imitate
movement.
(8) Every line of copy and graphics in a dynamic display must be at least seven inches in
height on a road with a speed limit of 25 to 34 miles per hour, nine inches on a road
with a speed limit of 35 to 44 miles per hour, 12 inches on a road with a speed limit of
45 to 54 miles per hour, and 15 inches on a road with a speed limit of 55 miles per
houror more.
(9) The images and messages displayed must be complete in themselves, without
continuation in content to the next image or message or to any other sign.
(10) The sign must be designed and equipped with a means to immediately discontinue
thedisplay if a malfunction occurs.
(11) The dynamic display may not change more often than 30 seconds for date, time and
temperature. All other messages must be displayed for at least two minutes.
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(12) Only one, contiguous dynamic display area is allowed on a sign face.
(13) Audio speakers or any audio component is prohibited. The sign may not emit any
sound.
(14) The dynamic display cannot be illuminated between 10:00 pm and 6:00 am.
(15) Dynamic displays must have an automatic dimmer control to produce a distinct
illumination change from a higher illumination level to a lower level for the time
periodbetween a 1/2-hour before sunset and a 1/2-hour after sunrise.
Section V. This ordinance shall be effective following its adoption and publication.
Seconded by CouncilmemberCaveAyes – All
The motion passed.
Councilmember Villavicenciomoved to approve a resolution authorizing publication of the
ordinance by title and summary.
Resolution 21-10-1997
RESOLUTION AUTHORIZING PUBLICATION OF ORD. NO. 1023
BY TITLE AND SUMMARY
WHEREAS, the City Council of the City of Maplewood has adopted Ordinance
No.1023, an ordinance amending City Code Chapter 44 Zoning, Article lll. Sign
Regulations, relating todynamic display signs for institutional uses within the City of
Maplewood; and
WHEREAS, Minnesota Statutes, § 412.191, subd. 4, allows publication by title
andsummary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the ordinance is several pages in length;and
WHEREAS, the City Council believes that the following summary would clearly
inform thepublic of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Maplewood thatthe City Clerk shall cause the following summary of Ordinance No. 1023
to be published in theofficial newspaper in lieu of the entire ordinance:
Public Notice
The Maplewood City Council has adopted Ordinance No.1023, amending the city’s sign
code. The most significant change that will result from the proposed amendment is that
dynamicLED display signs will now be permitted for all institutional properties throughout
the City, whencertain standards are achieved on the property. The primary areas of
regulation in the ordinancepertainto sound, size of the overall sign and size of the
dynamic LED display portion of the sign,setbacks, time of display and brightness. All
applications for a dynamic LED display sign oninstitutional property requires notification
to adjacent property owners within 350 feet of theproperty where the sign in proposed,
and review and approval by the City’s Community DesignReview Board.
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BE IT FURTHER RESOLVED by the City Council of the City of Maplewood that a
full copyof the ordinance is available in the office of the City Clerk at city hall for public
inspection. Thisordinance shall be effective upon adoption and publication.
Seconded by CouncilmemberCaveAyes – All
The motion passed.
3.Review of2022Charitable Gambling Requests
City Manager Coleman gave the staff report. Keli George, with Child Inc., addressed the
council. KarstenNelson, Pastor at Our Redeemer Lutheran Church, addressed the
council.
No Action Required.
K.AWARD OF BIDS
None
L.ADJOURNMENT
Mayor Abramsadjourned the meeting at8:38 p.m.
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CITY COUNCILSTAFF REPORT
Meeting Date October 25, 2021
REPORT TO:
Melinda Coleman
REPORT FROM:StevenLove, Director of Public Works/City Engineer
PRESENTER:
Steven Love
AGENDA ITEM:Fix It Launch Update
Action Requested:MotionDiscussionPublic Hearing
Form of Action:ResolutionOrdinanceContract/AgreementProclamation
Policy Issue:
The City is launching a new way for residents to report issues they see in the community to the City.
Staff will providean update to the City Council on anew City webpage called Maplewood Fix It and
the new Fix It mapping programthat will used for reporting issues regardingthe City’s
infrastructure.
Recommended Action:
No action required.
Fiscal Impact:
Is There a Fiscal Impact?NoYes, the true or estimated cost is$0.00
Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source
Use of Reserves Other:n/a
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
Duethe size and scope of the City’s infrastructure, receiving input from the public onimportant
issues plays a vital role in managing the City’s infrastructure. Additionally, having tools that makeit
easy for residents to accurately report what the issue is and where it is located, allows staff to
efficiently review and respond accordingly.
Background
Currently, the City’s website allows residents to report issuesthey see in Maplewood. Staffreviews
these tickets and sends them to the department they believe would best address the issue. The
Public Works Department andtheParks and Natural Resources Department utilizesCartegraph to
manage the City’s infrastructure and to tracknon-emergency issues reported by residents.
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The Cartegraph program was built from the ground up to work directly with ESRI GIS mapping
software. City staff and Bolton and Menk (Maplewood’s GIS consultants) have been working with
representatives of Cartegraph and ESRI to integrate an ESRI solution for public reporting of issues
with the Cartegraph system. This new solution is Maplewood’s new Fix It mapping program.
Once thenew webpage is published, the Fix Itmapping tool can be accessed fromweb browsers
on a computer or a mobile device. Each night the Fix It mapping tool processesnew requestsand
routes them to the correct staff via email. This new process allows residents to see the status of
their request and any resolution notes provided. City staffwill continueto manage requests in
Cartegraph as they have been doing since the launchof the program. The Fix Itmapping tool is
automaticallyupdated with any changesto the request each time a user logs in. This solution does
not cost the City any additional money beyond the current licenses the City has for
ESRI/Cartegraph.
Tonight Staff will be providing the City Council an update on the new Fix Itwebpage and a
demonstration of the new FixIt mapping tool.The City’s new webpage and mapping toolare set to
launch on November 1, 2021.
Attachments
1.Fix It Presentation
Council Packet Page Number 37 of 300
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Devices
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RESOLUTION OF APPRECIATION
WHEREAS, Keith Buttleman has been a member of the Maplewood Environmental and
Natural Resources Commission for five years and eight months, serving from January 25, 2016, to
September 30, 2021. Mr. Buttleman has served faithfully in those capacities; and
WHEREAS, the Environmental and Natural Resources Commission and City Council
have appreciated his experience, insights and good judgment; and
WHEREAS, Mr. Buttleman has freely given of his time and energy, without
compensation, for the betterment of the City of Maplewood; and
WHEREAS, Mr. Buttleman has shown dedication to his duties and has consistently
contributed his leadership and efforts for the benefit of the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota, and its citizens that Keith Buttleman is hereby extended our gratitude
and appreciation for his dedicated service.
Passed by the Maplewood
City Council on October 25, 2021
______________________________
Marylee Abrams, Mayor
Attest:
________________________________
Andrea Sindt, City Clerk
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CITY COUNCIL STAFF REPORT
Meeting Date October 25, 2021
REPORT TO:Melinda Coleman, City Manager
Ellen Paulseth, Finance Director
REPORT FROM:
Ellen Paulseth, Finance Director
PRESENTER:
Approval of Claims
AGENDA ITEM:
Action Requested: MotionDiscussionPublic Hearing
Form of Action:ResolutionOrdinanceContract/Agreement Proclamation
Policy Issue:
The City Manager has reviewed the bills and authorized payment in accordance with City Council policies.
Recommended Action:
Motion to approve the approval of claims.
ACCOUNTS PAYABLE:
$ 843,998.67 Checks # 108056 thru # 108084
dated 10/12/21
$ 1,240,709.57 Disbursements via debits to checking account
dated 10/04/21 thru 10/17/21
$ 2,084,708.24 Total Accounts Payable
PAYROLL
$ 598,089.26 Payroll Checks and Direct Deposits dated 10/15/21
$ 598,089.26 Total Payroll
$ 2,682,797.50 GRAND TOTAL
Background
A detailed listing of these claim has been provided. Please call me at 651-249-2902 if you have any questions on
the attached listing. This will allow me to check the supporting documentation on file if necessary.
Attachments
1.Listing of Paid Bills
Council Packet Page Number 51 of 300
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Check Register
City of Maplewood
CheckDateVendorDescriptionAmount
10805610/12/202105114BOLTON & MENK, INC.PROJ 16-25 STERLING ST BRIDGE12,005.00
10/12/202105114BOLTON & MENK, INC.PROJ 21-02 MCMENEMY STREET IMP7,072.00
10/12/202105114BOLTON & MENK, INC.PROJ 19-22 CO RD B & ARCADE2,162.50
10805710/12/202100585GOPHER STATE ONE-CALLNET BILLABLE TICKETS - SEPTEMBER716.85
10805810/12/202105598KELLY & LEMMONS, P.A.PROSECUTION SERVICES - SEPTEMBER16,250.00
10805910/12/202106084LINCOLN FINANCIAL GROUPMONTHLY PREMIUM - LIFE - SEPTEMBER3,131.21
10/12/202106084LINCOLN FINANCIAL GROUPMONTHLY PREMIUM - LTD - SEPTEMBER3,118.38
10/12/202106084LINCOLN FINANCIAL GROUPMONTHLY PREMIUM - STD - SEPTEMBER2,282.96
10806010/12/202100875LOFFLER COMPANIES, INC.CANON COPIER USAGE FEES - SEPT1,494.84
10806110/12/202105353MANSFIELD OIL COCONTRACT GASOLINE - SEPTEMBER7,085.94
10/12/202105353MANSFIELD OIL COCONTRACT DIESEL - SEPTEMBER2,923.89
10806210/12/202101574T A SCHIFSKY & SONS, INCBITUMINOUS MATERIALS30,015.73
10806310/07/202105328IDENTISYS INC.SUPPORT AGREEMENT-BADGE PRINTER777.00
10806410/12/202106163AL TECHNOLOGIES, LLCONLINE BENEFITS ADMIN FEE- OCT357.00
10806510/12/202103335AMERICAN ENGINEERING TESTINGPROJ 20-08 MONTANA-NEBRASKA5,517.25
10/12/202103335AMERICAN ENGINEERING TESTINGPROJ 20-09 SOUTHCREST-FERNDALE3,406.75
10806610/12/202106042CLEAR GOV INC.PERSONNEL BUDGETING SUITE2,910.00
10806710/12/202105786COLONIAL LIFE PROCESSING CTRMONTHLY PREMIUM BCN:E4677316-SEP285.02
10806810/12/202105834US BANCORP GOV'T LEASING & FINANCE FIRE TRUCK LEASE PMT 077-0020196-004112,427.61
10806910/12/202105313GRAPHIC DESIGN, INC.BUSINESS CARDS - FIRE DEPT101.73
10807010/12/202106271LAKESHORE EQUIPMENT COINSTALL DOCK JOY PARK PRESERVE8,814.00
10807110/12/202104353LEE HOMES, LLCESCROW RELEASE 874 KOHLMAN LANE3,500.00
10807210/12/202100532MADDEN GALANTER HANSEN, LLPHR ATTORNEY FEE LABOR REL-AUG859.65
10/12/202100532MADDEN GALANTER HANSEN, LLPHR LEGAL FEES ARB & ADMIN - AUG523.70
10807310/12/202103818MEDICAMONTHLY PREMIUM - OCTOBER181,047.27
10807410/12/202105838MINNESOTA BENEFIT ASSOCIATIONMONTHLY PREMIUM259.14
10807510/12/202106272NESCO, LLCLABOR TO SHEER ALUMINUM SHEETING120.00
10807610/12/202106257NINE NORTHPRODUCTION SERVICES - SEPTEMBER1,466.00
10807710/12/202106133NO WAIT INSIDE, LLCNOWAITINSIDE SERVICE1,600.00
10807810/12/202106268NORTHLAND GRADING & EXCAVATINGPROJ 16-25 STERLING STREET BRIDGE416,156.29
10807910/12/202100001ONE TIME VENDORREIMB R GAVIN - SPRINKLER SYS REPAIR154.59
10808010/12/202100396MN DEPT OF PUBLIC SAFETYCJDN ACCESS FEE - 3RD QTR JUL-SEPT1,920.00
10808110/12/202106014REHDER FORESTRY CONSULTINGTREE INSPECTION SRVS - SEPTEMBER1,772.99
10/12/202106014REHDER FORESTRY CONSULTINGTREE INSPECTION SRVS - JULY595.98
10808210/12/202100198ST PAUL REGIONAL WATER SRVSWATER UTILITY9,876.85
10808310/12/202101836ST PAUL, CITY OF4 - PDI TRAINING COURSE - AUG 311,000.00
10808410/12/202105815UNIVERSAL ATHLETIC, LLCJAYPRO INFIELD DRAG MAT290.55
843,998.67
29Checks in this report.
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CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
Settlement
DatePayeeDescriptionAmount
10/4/2021Delta DentalDental Premium1,784.73
10/4/2021Empower - State PlanDeferred Compensation26,261.00
10/4/2021MN State TreasurerDrivers License/Deputy Registrar32,507.18
10/5/2021ICMA (Vantagepointe)Deferred Compensation7,372.00
10/5/2021ICMA (Vantagepointe)Retiree Health Savings10,920.00
10/5/2021Labor UnionsUnion Dues4,875.95
10/5/2021MidAmericaHRA Flex Plan - AUL15,850.24
10/5/2021MN State TreasurerDrivers License/Deputy Registrar82,120.99
10/5/2021MN State TreasurerState Payroll Tax24,573.90
10/5/2021P.E.R.A.P.E.R.A.130,026.33
10/6/2021MN State TreasurerDrivers License/Deputy Registrar30,168.81
10/7/2021MN State TreasurerDrivers License/Deputy Registrar91,334.24
10/8/2021MN Dept of Natural ResourcesDNR electronic licenses397.30
10/8/2021MN State TreasurerDrivers License/Deputy Registrar86,488.98
10/8/2021Optum HealthDCRP & Flex plan payments684.38
10/12/2021Delta DentalDental Premium3,582.59
10/12/2021MN State TreasurerDrivers License/Deputy Registrar40,909.65
10/13/2021MN Dept of RevenueFuel Tax Renewal Fee25.00
10/13/2021MN Dept of RevenueMNCARE Tax7,600.00
10/13/2021MN State TreasurerDrivers License/Deputy Registrar119,224.53
10/14/2021MN State TreasurerDrivers License/Deputy Registrar123,628.66
10/15/2021ICMA (Vantagepointe)Deferred Compensation7,372.00
10/15/2021ICMA (Vantagepointe)Retiree Health Savings920.00
10/15/2021Labor UnionsUnion Dues1,951.16
10/15/2021MidAmericaHRA Flex Plan - AUL15,850.24
10/15/2021MN State TreasurerDrivers License/Deputy Registrar48,497.80
10/15/2021MN State TreasurerState Payroll Tax24,874.25
10/15/2021Optum HealthDCRP & Flex plan payments3,708.68
10/15/2021P.E.R.A.P.E.R.A.130,675.83
10/15/2021U.S. TreasurerFederal Payroll Tax105,468.80
10/15/2021US Bank VISA One Card*Purchasing Card Items61,054.35
1,240,709.57
*Detailed listing of VISA purchases is attached.
Council Packet Page Number 53 of 300
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Purchasing Card Items
Transaction
Transaction DatePosting DateMerchant NameAmountName
OFFICE DEPOT #1079REGAN BEGGS
09/22/202109/27/2021$16.94
OFFICE DEPOT #1090REGAN BEGGS
09/22/202109/27/2021$225.56
IMAGING SPECTRUMREGAN BEGGS
09/22/202109/27/2021$456.95
OFFICE DEPOT #1090REGAN BEGGS
09/28/202110/01/2021$85.04
OFFICE DEPOT #1090REGAN BEGGS
09/28/202110/01/2021$32.78
CUB FOODS #1599ASHLEY BERGERON
10/05/202110/06/2021$174.36
HOLIDAY STATIONS 3519ASHLEY BERGERON
10/05/202110/06/2021$5.99
MINNESOTA ASSOC OF GOVERNCHAD BERGO
09/29/202109/30/2021$20.00
SM3-CUSTOMPROMOCHAD BERGO
10/01/202110/04/2021$196.72
AMAZON.COM*2C1TY2VU1 AMZNBRIAN BIERDEMAN
09/27/202109/28/2021$191.37
GRAFIX SHOPPEDANIEL BUSACK
10/05/202110/06/2021$55.00
SHERWIN WILLIAMS 703127SCOTT CHRISTENSON
09/27/202109/28/2021$173.56
THE HOME DEPOT #2801SCOTT CHRISTENSON
09/27/202109/29/2021$107.66
MENARDS OAKDALE MNSCOTT CHRISTENSON
09/29/202110/01/2021$26.77
COMPLIANCE SIGNSSCOTT CHRISTENSON
09/30/202110/01/2021$86.93
MENARDS OAKDALE MNSCOTT CHRISTENSON
10/01/202110/04/2021$19.15
STATE SUPPLYSCOTT CHRISTENSON
10/07/202110/08/2021($65.59)
FESTIVAL FOODS #1MELINDA COLEMAN
10/07/202110/08/2021$15.63
SQ *TWIN CITIES TRANSPORTSHAWN CONWAY
09/27/202109/28/2021$150.00
MACQUEEN EMERGENCY GROUPSHAWN CONWAY
09/29/202109/30/2021$11.73
INT'L ASSOC OF FIRE CHIESHAWN CONWAY
10/04/202110/05/2021$290.00
OTC BRANDS INCKERRY CROTTY
09/23/202109/27/2021$811.58
GALLSKERRY CROTTY
09/24/202109/27/2021$4,997.28
NFPA NATL FIRE PROTECTBRAD DAVISON
09/27/202109/28/2021$38.50
HY-VEE MAPLEWOOD 1402BRAD DAVISON
09/28/202109/29/2021$13.56
NFPA NATL FIRE PROTECTBRAD DAVISON
10/01/202110/04/2021$38.50
CUB FOODS #1599BRAD DAVISON
10/07/202110/08/2021$61.12
COSTCO WHSE #1021BRAD DAVISON
10/07/202110/08/2021$239.48
CORT FURNITURE RENTALRICHARD DAWSON
10/02/202110/04/2021$197.39
EB POLICE K9 COVER OFJOSEPH DEMULLING
09/27/202109/28/2021$149.84
HOLIDAY STATIONS 3519JOSEPH DEMULLING
10/05/202110/06/2021$23.61
CITY OF COTTAGE GROVEJOSEPH DEMULLING
10/05/202110/07/2021$75.00
THE HOME DEPOT #2801TOM DOUGLASS
10/05/202110/07/2021$6.47
GALLOWMICHAEL DUGAS
09/24/202109/27/2021$907.60
THE HOME DEPOT #2801MICHAEL DUGAS
09/24/202109/27/2021$158.68
OPTICSPLANET, INC.MICHAEL DUGAS
09/30/202110/01/2021$1,346.45
CDW GOVT #L256366MYCHAL FOWLDS
09/24/202109/27/2021$869.12
WWW.GRAMMARLY.COMMYCHAL FOWLDS
09/24/202109/27/2021$2,000.00
TMOBILE*POSTPAID TELMYCHAL FOWLDS
09/24/202109/27/2021$334.97
QUADIENT LEASING USA PMYCHAL FOWLDS
09/24/202109/27/2021$818.10
DLT SOLUTIONS 703-773-MYCHAL FOWLDS
09/27/202109/29/2021$7,395.36
COMCAST CABLE COMMMYCHAL FOWLDS
10/03/202110/04/2021$25.04
VZWRLSS*APOCC VISBMYCHAL FOWLDS
10/06/202110/07/2021$7,563.19
ZOHO-ZOHO CORPNICK FRANZEN
09/29/202109/30/2021$576.00
MICROSOFT*ANSWER DESKNICK FRANZEN
10/05/202110/06/2021$499.00
EVENT* LAW ENFORCEMENTTIMOTHY HAWKINSON
09/30/202110/01/2021$550.00
GRAINGERTAMARA HAYS
09/30/202110/01/2021$64.50
MENARDS OAKDALE MNTAMARA HAYS
09/30/202110/04/2021$84.67
AMZN MKTP US*2C3FK9P31 AMLINDSAY HERZOG
09/26/202109/27/2021$221.87
MENARDS OAKDALE MNGARY HINNENKAMP
09/29/202110/01/2021$17.95
MENARDS OAKDALE MNGARY HINNENKAMP
09/29/202110/01/2021$0.35
LEAGUE OF MINNESOTA CITIMICHAEL HOEMKE
09/26/202109/27/2021$50.00
DALCO ENTERPRISESDAVID JAHN
09/24/202109/27/2021$788.33
DALCO ENTERPRISESDAVID JAHN
09/29/202109/30/2021$376.39
DALCO ENTERPRISESDAVID JAHN
09/29/202109/30/2021$282.08
DALCO ENTERPRISESDAVID JAHN
09/30/202110/01/2021$56.63
DALCO ENTERPRISESDAVID JAHN
10/01/202110/04/2021$387.48
DALCO ENTERPRISESDAVID JAHN
10/04/202110/05/2021$56.63
OFFICE DEPOT #1090MEGHAN JANASZAK
10/04/202110/07/2021$421.82
OFFICE DEPOT #1090ELIZABETH JOHNSON
09/23/202109/27/2021$50.69
OFFICE DEPOT #1090ELIZABETH JOHNSON
09/23/202109/27/2021$8.39
OFFICE DEPOT #1090ELIZABETH JOHNSON
09/23/202109/27/2021$21.29
Council Packet Page Number 54 of 300
G1, Attachments
GRAPHIC DESIGN INCELIZABETH JOHNSON
10/06/202110/07/2021$222.18
HY-VEE MAPLEWOOD FFE 5402LOIS KNUTSON
09/27/202109/28/2021$10.98
CHILIS 1748 ECOMMLOIS KNUTSON
09/27/202109/28/2021$139.45
PANERA BREAD #601305 OLOIS KNUTSON
10/02/202110/04/2021$145.43
STREET FLEETGINA KUCHENMEISTER
09/29/202109/30/2021$31.33
FEDEX 284329596635GINA KUCHENMEISTER
09/30/202110/01/2021$29.55
THE BIG BLUE BOXJASON KUCHENMEISTER
09/24/202109/27/2021$190.00
ULINE *SHIP SUPPLIESJASON KUCHENMEISTER
10/05/202110/05/2021$105.23
ULINE *SHIP SUPPLIESJASON KUCHENMEISTER
10/05/202110/05/2021$319.36
DALCO ENTERPRISESCHING LO
10/05/202110/06/2021$164.82
POINT EMBLEMS LLCMICHAEL MONDOR
09/29/202109/30/2021$975.00
CLIAWAIVED INCMICHAEL MONDOR
10/01/202110/04/2021$1,926.25
AIRGAS USA, LLCMICHAEL MONDOR
10/01/202110/04/2021$94.76
AIRGAS USA, LLCMICHAEL MONDOR
10/01/202110/04/2021$73.08
IN *MARIE RIDGEWAY LICSW,MICHAEL MONDOR
10/01/202110/04/2021$110.00
ASPEN MILLSMICHAEL MONDOR
10/06/202110/07/2021$483.17
CINTAS CORPBRYAN NAGEL
09/28/202109/29/2021$256.73
CINTAS CORPBRYAN NAGEL
09/28/202109/29/2021$19.92
CINTAS CORPBRYAN NAGEL
09/28/202109/29/2021$50.90
CINTAS CORPBRYAN NAGEL
09/29/202109/30/2021$106.37
CINTAS CORPBRYAN NAGEL
09/29/202109/30/2021$12.75
CINTAS CORPBRYAN NAGEL
09/29/202109/30/2021$107.89
CINTAS CORPBRYAN NAGEL
09/29/202109/30/2021$41.88
CINTAS CORPBRYAN NAGEL
09/29/202109/30/2021$16.35
CINTAS CORPBRYAN NAGEL
09/30/202110/01/2021$62.44
SAFETYSIGN.COMBRYAN NAGEL
09/30/202110/04/2021$97.03
CINTAS CORPBRYAN NAGEL
10/06/202110/07/2021$116.41
CINTAS CORPBRYAN NAGEL
10/06/202110/07/2021$16.35
CINTAS CORPBRYAN NAGEL
10/06/202110/07/2021$125.57
CINTAS CORPBRYAN NAGEL
10/06/202110/07/2021$141.33
CINTAS CORPBRYAN NAGEL
10/06/202110/07/2021$12.75
BCA TRAINING EDUCATIONMICHAEL NYE
09/27/202109/28/2021$250.00
CITY OF COTTAGE GROVEMICHAEL NYE
09/27/202109/29/2021$75.00
NAPA STORE 3279016ERICK OSWALD
09/30/202110/01/2021$35.88
THE HOME DEPOT #2801ERICK OSWALD
09/30/202110/04/2021($199.04)
THE HOME DEPOT 2801ERICK OSWALD
09/30/202110/04/2021$255.90
ARROWWOOD RESORT AND CONFELLEN PAULSETH
09/29/202110/01/2021$136.21
BOUND TREE MEDICAL LLCKENNETH POWERS
09/29/202110/01/2021$101.94
LIFE ASSIST INCKENNETH POWERS
10/04/202110/05/2021$2,017.69
BOUND TREE MEDICAL LLCKENNETH POWERS
10/04/202110/07/2021$179.14
KEN'S AUTO REPAIRSTEVEN PRIEM
09/24/202109/27/2021$86.70
0391-AUTOPLUSSTEVEN PRIEM
09/27/202109/28/2021$44.66
AN FORD WHITE BEAR LAKSTEVEN PRIEM
09/27/202109/29/2021$188.76
0391-AUTOPLUSSTEVEN PRIEM
09/28/202109/29/2021$32.03
0391-AUTOPLUSSTEVEN PRIEM
09/28/202109/29/2021$3.75
0391-AUTOPLUSSTEVEN PRIEM
09/29/202109/30/2021$22.80
ZAHL-PETROLEUM MAINTENSTEVEN PRIEM
09/29/202109/30/2021$57.69
POMP S TIRE #021STEVEN PRIEM
09/30/202110/01/2021$519.08
MENARDS MAPLEWOOD MNSTEVEN PRIEM
09/30/202110/04/2021$103.51
PERFORMANCE TRANSMISSIONSTEVEN PRIEM
09/30/202110/04/2021$163.70
WHEELCO NEWPORTSTEVEN PRIEM
10/01/202110/04/2021$336.96
BOYER FORD TRUCKSSTEVEN PRIEM
10/06/202110/08/2021$44.08
WEBER AND TROSETH INCSTEVEN PRIEM
10/06/202110/08/2021$23.10
WEBER AND TROSETH INCSTEVEN PRIEM
10/06/202110/08/2021$216.00
AN FORD WHITE BEAR LAKSTEVEN PRIEM
10/06/202110/08/2021$209.60
AN FORD WHITE BEAR LAKSTEVEN PRIEM
10/06/202110/08/2021$337.71
MINNESOTA OCCUPATIONAL HETERRIE RAMEAUX
10/06/202110/08/2021$849.00
AMAZON.COM*2C6GH0H91MICHAEL RENNER
09/28/202109/29/2021$382.40
AMZN MKTP US*2C46D1QN1MICHAEL RENNER
09/29/202109/30/2021$536.85
ON SITE SANITATION INCAUDRA ROBBINS
09/23/202109/27/2021$22.00
TRUGREEN LP *5635AUDRA ROBBINS
09/28/202109/29/2021$1,814.77
ON SITE SANITATION INCAUDRA ROBBINS
10/04/202110/06/2021$2,711.00
CINTAS CORPAUDRA ROBBINS
10/06/202110/07/2021$72.86
ARROWWOOD RESORT AND CONFJOSEPH RUEB
10/01/202110/04/2021$408.63
GRAINGERROBERT RUNNING
09/30/202110/01/2021$936.35
Council Packet Page Number 55 of 300
G1, Attachments
THE HOME DEPOT #2801SCOTT SCHULTZ
09/27/202109/29/2021$13.93
BEST BUY MHT 00000109SCOTT SCHULTZ
09/30/202110/01/2021$64.41
THOMSON WEST*TCDSTEPHANIE SHEA
09/30/202110/01/2021$611.10
CINTAS CORPSTEPHANIE SHEA
09/30/202110/01/2021$49.99
STREICHER'S MOSTEPHANIE SHEA
10/07/202110/08/2021$250.00
CINTAS CORPSTEPHANIE SHEA
10/07/202110/08/2021$49.99
MINNESOTA ASSOC OF GOVERNJOE SHEERAN
09/29/202109/30/2021$40.00
SUBURBAN AUTO BODYMICHAEL SHORTREED
09/24/202109/27/2021$4,471.50
GREAT RIVER OFFICE PRODUCMICHAEL SHORTREED
09/27/202109/29/2021$687.46
GRAFIX SHOPPEMICHAEL SHORTREED
09/30/202110/01/2021$585.00
THE HOME DEPOT #2801MICHAEL SHORTREED
09/30/202110/04/2021$106.30
GRANDMAS BAKERYJOSEPH STEINER
09/27/202109/28/2021$31.20
CARIBOU COFFEE CO #155JOSEPH STEINER
09/27/202109/29/2021$30.04
ECONOMIC DEVELOPMENT ASSJEFF THOMSON
09/29/202109/30/2021$20.00
$61,054.35
Council Packet Page Number 56 of 300
G1, Attachments
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
Exp Reimb,
Severance,
Conversion
incl in Amount
CHECK #CHECK DATEEMPLOYEE NAMEAMOUNT
10/15/21ABRAMS, MARYLEE560.80
10/15/21CAVE, REBECCA493.60
10/15/21JUENEMANN, KATHLEEN493.60
10/15/21KNUTSON, WILLIAM493.60
10/15/21VILLAVICENCIO, NICHOLE493.60
10/15/21COLEMAN, MELINDA6,835.20
10/15/21KNUTSON, LOIS3,403.97
10/15/21SABLE, MICHAEL496.72496.72
10/15/21CHRISTENSON, SCOTT2,437.05
10/15/21DOUGLASS, TOM2,582.76
10/15/21JAHN, DAVID2,569.88
10/15/21HERZOG, LINDSAY2,902.82
10/15/21RAMEAUX, THERESE3,766.80
10/15/21DEBILZAN, JUDY2,590.49
10/15/21PAULSETH, ELLEN5,712.55
10/15/21RACETTE, THOMAS2,601.08
10/15/21RUEB, JOSEPH4,760.75164.64
10/15/21STANLEY, JENNIFER3,711.24203.84
10/15/21ARNOLD, AJLA1,107.74
10/15/21BEGGS, REGAN2,314.59
10/15/21CROSS, JULIA1,856.00
10/15/21EVANS, CHRISTINE2,439.22
10/15/21LARSON, MICHELLE2,316.89
10/15/21SINDT, ANDREA3,941.09
10/15/21ABRAHAM, JOSHUA2,685.79
10/15/21HANSON, MELISSA2,107.22
10/15/21HOCKBEIN, JUDY1,170.25
10/15/21KRAMER, PATRICIA1,376.58
10/15/21MOY, PAMELA2,114.73203.28
10/15/21OLSON, THOMAS1,856.00
10/15/21OSTER, ANDREA2,323.82
10/15/21SCHORR, JENNIFER1,061.29
10/15/21VITT, JULIANNE1,252.23
10/15/21WEAVER, KRISTINE3,425.63
10/15/21ALDRIDGE, MARK3,890.64
10/15/21BAKKE, LONN3,754.47
10/15/21BARTZ, PAUL631.6871.68
10/15/21BELDE, STANLEY4,388.04
10/15/21BENJAMIN, MARKESE3,836.42
10/15/21BERGERON, ASHLEY3,413.86
10/15/21BIERDEMAN, BRIAN5,720.88
10/15/21BROWN, RAE1,143.93
10/15/21BURT-MCGREGOR, EMILY4,186.43
10/15/21BUSACK, DANIEL4,893.22
10/15/21COLEMAN, ALEXANDRA7,800.011,634.40
10/15/21CONDON, MITCHELL3,675.94
10/15/21CRUZ, TREANA2,502.37
10/15/21DEMULLING, JOSEPH4,350.79
10/15/21DUGAS, MICHAEL7,072.792,201.60
10/15/21FORSYTHE, MARCUS3,954.12
Council Packet Page Number 57 of 300
G1, Attachments
10/15/21FRITZE, DEREK4,604.72
10/15/21GABRIEL, ANTHONY4,531.08
10/15/21GEISELHART, BENJAMIN2,903.12
10/15/21HAWKINSON JR, TIMOTHY4,006.24
10/15/21HELLE, KERRY4,839.20
10/15/21HENDRICKS, JENNIFER2,119.20
10/15/21HER, PHENG3,929.80
10/15/21HER, TERRELL2,287.87
10/15/21HOADLEY, JOSHUA348.00
10/15/21HOEMKE, MICHAEL4,272.25
10/15/21KANDA, MADELINE2,694.62
10/15/21KIM, WINSTON2,817.17
10/15/21KONG, TOMMY4,060.85
10/15/21KORAN, MARIE1,451.07779.40
10/15/21KROLL, BRETT3,896.14
10/15/21KUCHENMEISTER, JASON1,986.40
10/15/21LENERTZ, NICHOLAS3,444.25
10/15/21LYNCH, KATHERINE3,710.57
10/15/21MARINO, JASON4,101.00
10/15/21MATTHEIS, TAWNY2,287.87
10/15/21MCCARTY, GLEN3,849.62
10/15/21METRY, ALESIA262.50
10/15/21MURRAY, RACHEL3,474.86
10/15/21NYE, MICHAEL4,642.21
10/15/21OLSON, JULIE3,957.48
10/15/21PARKER, JAMES3,787.01
10/15/21PASDO, JOSEPH348.00
10/15/21PEREZ, GUSTAVO3,286.70
10/15/21PETERS, DANIEL3,507.65
10/15/21SALCHOW, CONNOR3,162.42
10/15/21SANCHEZ, ISABEL2,341.64
10/15/21SHEA, STEPHANIE2,612.64
10/15/21SHORTREED, MICHAEL5,157.79
10/15/21SPARKS, NICOLLE3,176.39
10/15/21STARKEY, ROBERT4,099.09
10/15/21STEINER, JOSEPH4,765.19
10/15/21STOCK, AUBREY3,201.15
10/15/21SWETALA, NOAH3,383.04
10/15/21TAUZELL, BRIAN4,540.80
10/15/21THIENES, PAUL4,458.92
10/15/21WENZEL, JAY3,983.49
10/15/21WIETHORN, AMANDA790.80
10/15/21XIONG, KAO3,889.67
10/15/21XIONG, TUOYER3,341.85
10/15/21ZAPPA, ANDREW7,465.50
10/15/21AMAH-CLARKE, ALFREDA2,107.20
10/15/21BARRETTE, CHARLES3,323.47
10/15/21BAUMAN, ANDREW3,308.29
10/15/21BEITLER, NATHAN3,601.58
10/15/21BERG, TERESA100.00
10/15/21CAMPBELL, MACLANE2,498.98
10/15/21CONWAY, SHAWN4,471.96
10/15/21CRAWFORD JR, RAYMOND3,649.94
10/15/21CRUMMY, CHARLES3,163.34
10/15/21DABRUZZI, THOMAS3,775.17
10/15/21DANLEY, NICHOLAS3,692.50
10/15/21DAVISON, BRADLEY3,728.4983.95
10/15/21DAWSON, RICHARD4,761.22
Council Packet Page Number 58 of 300
G1, Attachments
10/15/21HAGEN, MICHAEL4,059.74
10/15/21HALWEG, JODI3,809.39
10/15/21HAWTHORNE, ROCHELLE3,328.63
10/15/21KUBAT, ERIC5,968.73
10/15/21LANDER, CHARLES4,312.70
10/15/21LANIK, JAKE2,624.89
10/15/21LO, CHING615.00
10/15/21LUKIN, STEVEN1,880.00
10/15/21MALESKI, MICHAEL3,732.56
10/15/21MCGEE, BRADLEY3,190.78
10/15/21MERKATORIS, BRETT3,280.46
10/15/21MONDOR, MICHAEL5,474.97
10/15/21NEILY, STEVEN5,434.22
10/15/21NIELSEN, KENNETH3,043.82
10/15/21NOVAK, JEROME4,259.09
10/15/21POWERS, KENNETH5,119.15
10/15/21SEDLACEK, JEFFREY4,573.89
10/15/21STREFF, MICHAEL3,473.6085.00
10/15/21WARDELL, JORDAN3,323.47
10/15/21WILLIAMSON, MICHAEL3,001.42
10/15/21ZAPPA, ERIC3,366.48
10/15/21CORTESI, LUANNE2,316.89
10/15/21JANASZAK, MEGHAN3,175.14
10/15/21BRINK, TROY2,903.50
10/15/21BUCKLEY, BRENT2,635.99
10/15/21EDGE, DOUGLAS2,658.92
10/15/21JONES, DONALD2,660.61
10/15/21MEISSNER, BRENT2,655.99
10/15/21MLODZIK, JASON2,196.09
10/15/21NAGEL, BRYAN4,631.80
10/15/21OSWALD, ERICK2,963.03
10/15/21RUNNING, ROBERT2,903.50
10/15/21TEVLIN, TODD2,680.62
10/15/21ZAHNOW, LANCE2,158.59
10/15/21BURLINGAME, NATHAN3,278.40
10/15/21DUCHARME, JOHN3,343.02
10/15/21ENGSTROM, ANDREW3,338.40
10/15/21JAROSCH, JONATHAN4,508.31
10/15/21LINDBLOM, RANDAL3,343.02
10/15/21LOVE, STEVEN5,891.22
10/15/21STRONG, TYLER3,181.60
10/15/21ZIEMAN, SCOTT160.00
10/15/21GERNES, CAROLE2,767.39
10/15/21FRIBERG, DAVID2,086.89
10/15/21HAYS, TAMARA2,505.65
10/15/21HINNENKAMP, GARY3,039.02
10/15/21NAUGHTON, JOHN2,784.69
10/15/21ORE, JORDAN2,633.69
10/15/21QUIGGLE, CHRISTOPHER520.00
10/15/21STOKES, KAL2,130.71
10/15/21HAMMOND, ELIZABETH2,467.43
10/15/21JOHNSON, ELIZABETH2,409.79
10/15/21JOHNSON, RANDY4,462.88
10/15/21KROLL, LISA2,542.06
10/15/21KUCHENMEISTER, GINA2,354.40
10/15/21THOMSON, JEFFREY4,945.50
10/15/21FINWALL, SHANN3,974.61
10/15/21MARTIN, MICHAEL4,221.93
Council Packet Page Number 59 of 300
G1, Attachments
10/15/21DREWRY, SAMANTHA2,970.59
10/15/21LENTZ, DANIEL1,771.39
10/15/21WESTLUND, RONALD3,088.53
10/15/21WELLENS, MOLLY3,412.10
10/15/21BJORK, BRANDON90.00
10/15/21BRENEMAN, NEIL3,272.61
10/15/21GORACKI, GERALD48.00
10/15/21LO, SATHAE88.00
10/15/21MOORE, PATRICK249.00
10/15/21ROBBINS, AUDRA4,617.58
10/15/21BERGO, CHAD3,787.41
10/15/21SCHMITZ, KEVIN2,384.49
10/15/21SHEERAN JR, JOSEPH4,274.79
10/15/21ADAMS, DAVID2,588.30
10/15/21HAAG, MARK3,427.21
10/15/21JENSEN, JOSEPH2,582.49
10/15/21SCHULTZ, SCOTT4,601.89
10/15/21WILBER, JEFFREY2,564.99
10/15/21COUNTRYMAN, BRENDA1,716.00
10/15/21PRIEM, STEVEN2,967.72
10/15/21WOEHRLE, MATTHEW2,720.38
10/15/21XIONG, BOON2,605.54
10/15/21FOWLDS, MYCHAL4,981.02
10/15/21FRANZEN, NICHOLAS3,855.18
10/15/21GERONSIN, ALEXANDER3,234.24
10/15/21RENNER, MICHAEL3,454.40
598,089.26 5,924.51
Council Packet Page Number 60 of 300
CITY COUNCIL STAFF REPORT
Meeting Date October 25, 2021
Melinda Coleman
REPORT TO:
REPORT FROM: Ellen Paulseth, Finance Director
PRESENTER: Ellen Paulseth, Finance Director
AGENDA ITEM: Financial Report for the Month Ended September 30, 2021
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
The City Council receives monthly financial reports at Council meetings, in addition to the emailed
reports to provide greater transparency for taxpayers and interested parties.
Recommended Action:
No action is required.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is N/A
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: N/A
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
Financial reports are primarily about communication and transparency; however, the budget covers
all areas of the strategic plan.
Background
Council members receive an emailed financial report on a monthly basis, in addition to the council
meeting report. The council meeting report allows greater access of the information to the public.
This report includes the monthly investment and General Fund budget report for the month ended
September 30, 2021. Notes to the financial report precede the report.
Attachments
1.Financial Report for the Month Ended September 30, 2021
Council Packet Page Number 61 of 300
NotestoFinancialReportforMonthEndedSeptember30,2021
Investments
The investment portfolio meets investment policy parameters for diversification by security
sector and maturity range.
Portfolio yield to maturity is .72%, up from the previous month of .66%.
Interest earnings exceed budget year-to-date expectations at 76.45% year-to-date.
General Fund Budget
Revenues
The County settles property taxes in two main installments, July and December; therefore,
this monthly report reflects the first half of property tax revenues. The City received 52.5%
of budgeted property tax revenues in July.
Licenses and Permits exceed budget expectations for the year at 94.4%, due to continued
robust building permit activity.
Charges for services are still slightly below budget at 70.6% year-to-date. DMV charges are
at 59.3%, including driversÓ license fees, which are in the same account. This should
increase slightly by the end of the year; however, we expect this account to be below budget
for the year. This is due primarily to the pandemic, and the resulting delay in new car
purchases due to supply chain issues.
Most intergovernmental revenue arrives in the second half of the year. Therefore, this
report reflects only 48.2% of the intergovernmental revenue expected. The State of
Minnesota disburses the Police and Fire Aids in October, which will normalize the
collections.
Investment earnings are negative due to an annual reversing entry to convert the investment
portfolio from market value back to book value on January 1. This is normal and will work its
way out by the end of the year. We expect interest earnings to exceed budget for the year
with another large market value positive adjustment.
Total revenues are at 55.6% of budget for the year, nearly identical to prior year levels at the
same period. Revenues are approximately as expected for this time of year.
Expenditures
Departmental expenditures are at or below expected levels year-to-date.
Total expenditures are at 70.8% for the year, with the budget expectation being 75.0% for
September 30. This compares with 69.8% at the same time in the prior year.
Transfers In/Out
Budgeted Transfers in from Enterprise Funds are complete for the year. There may be
additional transfers as necessary throughout the year.
Council Packet Page Number 62 of 300
G2, Attachment 1
Monthly Financial Report Ȩ´ ´£¨³¤£ȩ
Month Ending September 30, 2021
Prepared By: Approved By:
Finance Director City Manager
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Council Packet Page Number 106 of 300
G3
CITY COUNCILSTAFF REPORT
Meeting Date October 25, 2021
REPORT TO:
Melinda Coleman, City Manager
REPORT FROM: Elizabeth Hammond, Planner
PRESENTER:
Jeff Thomson, Community Development Director
AGENDA ITEM: Conditional Use Permit Review, Trails Edge Apartments, 3000 Country
View Drive
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
The conditional use permit (CUP) review for Trails Edge Apartments located at 3000 Country View
Drive is due for its annual review.
Recommended Action:
Motion to approve the CUP review for Trail Edge Apartments located at 3000 Country View Drive and
review again only if a problem arises or a major change is proposed.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: N/A
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
City ordinance requires conditional use permits be reviewed by the council within one year of the
date of initial approval unless such review is waived by council decision. At the one-year review, the
council may specify an indefinite term or specific term, not to exceed five years, for subsequent
reviews.
Background
The city approved a conditional use permit for the subject property on July 9, 201. The permit
allows for a planned unit development (PUD) which includes a four story, 152 unit multifamily
building. Staff inspected the property and found that the conditions of the CUP have been achieved.
Staff does not find any reason to continue reviewing the CUP unless a problem arises or a major
site change is proposed.
Council Packet Page Number 107 of 300
G3
Timeline/Previous Actions
June 19, 2018: The planning commission held a public hearing, reviewed the proposal and
recommended approval.
July 9, 2018: The city council discussed the proposal and approved the conditional use permit.
Reference Information
Site Description
Site Size: 5.6 Acres
Existing Land Use: Residential Apartments
Surrounding Land Uses
North: County Road D East, Xcel Energy Substation
South: Costco
East: Ramsey County Regional Rail Right of Way/ Bruce Vento Trail
West: County Road D East, Vacant
Planning
Existing Land Use: High Density Residential
Existing Zoning: PUD, M1 Light Manufacturing
Attachments
1.Overview Map (1 page)
2.City Council Meeting Minutes (6 pages)
3.Site Plan and Elevations (6 pages)
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G4
CITY COUNCILSTAFF REPORT
Meeting Date October 25, 2021
REPORT TO:
Melinda Coleman, City Manager
REPORT FROM:StevenLove, Director of Public Works/City Engineer
Scott Schultz, Utility/FleetSuperintendent
PRESENTER:Steven Love
AGENDA ITEM:
Contract for Purchase of Gas and Diesel Fuel with the State of Minnesota
Fixed Price Fuel Programfor 2022
Action Requested:MotionDiscussionPublic Hearing
Form of Action:ResolutionOrdinanceContract/AgreementProclamation
Policy Issue:
The City Council will considerenteringinto a contract with the State of Minnesota Fixed Price Fuel
Program for 2022.
Recommended Action:
Motion to direct the Mayor and City Manager to enter into a contract with the State of Minnesota
Fixed Price Fuel Program for 2022fuel purchases.
Fiscal Impact:
Is There a Fiscal Impact?NoYes, the true or estimated cost isTo Be Determined
Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source
Use of Reserves Other:The funding for fuel purchases is through
the Fleet Fund and is accounted for in the proposed 2022City Budget.
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
The annual contracting for gasoline and diesel fuel are an operational need for the City to function
and entering intoa fixed price contract for 2022provides budget stability throughout2022.
Background
With the uncertainties in the oil markets locking in fuel prices at a known price for 2022is important
in order to have stability in the budgeting process throughoutthe year. The City will plan to lock into
a contract with the State from February 1, 2022through January 31, 2023. In orderfor the State’s
Fuel Core Team to secure prices, all participants must submit fuel quantities by
Council Packet Page Number 122 of 300
G4
November 1, 2021. Once all participants have submitted their quantities, the States Fuel Core
Team will work with fuel market professionalsto lock into the most competitive prices available at
the time.
When the prices are set and a vendor is chosen for the State contract, the vendor will be supplying
the City with 48,000 gallons of gas (4,000 gallons/month) and 32,400 gallons of diesel (2,700
gallons/month) for the stated period.
The following is a comparison of current and recent contract years:
GasDiesel
YearPriceYearPrice
2018$2.34/gallon2018$2.25/gallon
2019$1.97/gallon2019$2.22/gallon
2020$2.11/gallon2020$2.24/gallon
2021$1.90/gallon2021$1.93/gallon
2022To be determined2022To be determined
The firstattachment is an overview of the proposed “Fixed Price Fuel Program”. The second
attachment outlines the fuel quantity commitments for gas and diesel for February 1,2022to
January 31, 2023. The City’s Finance Director and City Attorney have reviewed the conditions of
this program.
Attachments
1.Overview of Fuel Consortium and Fixed Price Program
2.Fuel Quantities Commitment Form
Council Packet Page Number 123 of 300
G4, Attachment 1
Fuel ConsortiumProgram- Overview
Attachment A
The current Contract with Mansfield Oil is set to expire January 31, 202. Due to market conditions and the solicitation
process, the procurement team is exploring pricing option for a new program that will begin February 1, 202. In order
to achieve this, participants must submit their quantities for the Fixed Price Fuel Program no later than ,
20.
Fixed Price Fuel Program – Agencies participating in the Fixed Price Fuel Program are required to take 100% of its
monthly quantity committed and the Contract Vendor is required to provide 100% of the monthly quantities
contracted. The program will be for 12 months, from February 1, 202 through January 31, 202.
-If the original purchaser is unable to take all of the monthly committed gallons, the Contract Vendor will be
responsible for contacting other location participating the Fixed Price Fuel Contract to determine if they are able
to take additional gallons.
-If the Contract Vendor is able to ship the unused gallons from the original participating purchaser to another
participating agency, there will be no cost to the original participating agency. If the Spot Price is less than the
Fixed Price, participants are not required to take more than the monthly amount they committed to.
-If the Contract Vendor is unable to ship the unused gallons from the original participating purchaser to another
participating agency, they may sell the unused gallons on the open market and either debit or credit the
difference in price back to the original participating purchaser based on the open market sell price.
-If the Contract Vendor is unable to provide all of the monthly committed gallons to a participating member by
the due date and time, the participating member may purchase the product on the open market and charge the
Contract Vendor for any actual additional costs incurred.
Spot Price Program – In addition to the Fixed Price Program, we will include a Spot Price Program for Participants to
handle extra fuel needs over and above the committed quantities in the Fixed Price Program. Only Participants in the
Fixed Price Program may use the Spot Prices offered by the Contract Vendor.
If the Contract Vendor is unable to provide the order quantity to a State agency or CPV member by the required due
date and time, the State agency or CPV member may purchase the product on the open market and charge the Contract
Vendor for any actual additional costs incurred.
The signature below and/or submission of the Order Form (Attachment B) certify that your Entity agrees to all terms,
conditions, and prices of any Contract agreement entered into on its behalf by the State of Minnesota, which includes,
by is not limited to, taking 100% of the monthly fuel quantities submitted for the Fixed Price Program on the Fuel Order
Form (Attachment B). There is no requirement to take any product(s) using the Spot Price Program.
City of Maplewood
Agency Name: _____________________________________________________________________________________
1902 County Road B East Maplewood, MN 55109
Address: _________________________________________________________________________________________
Scott SchultzUtility/Fleet Superintendent
Contact Person: _____________________________________ Title: _________________________________________
651-249-2430scott.schultz@maplewoodmn.gov
Phone No.: ______________________ Fax: _____________________ Email: _________________________________
Authorized Signature: ______________________________________________________________________________
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G5
CITY COUNCILSTAFF REPORT
Meeting Date October 25, 2021
REPORT TO:
Melinda Coleman
REPORT FROM:StevenLove, Director of Public Works/City Engineer
Scott Schultz, Utility/FleetSuperintendent
PRESENTER:Steven Love
AGENDA ITEM:
Purchase of Front End Wheel Loader
Action Requested:MotionDiscussionPublic Hearing
Form of Action:ResolutionOrdinanceContract/AgreementProclamation
Policy Issue:
TheCity ofMaplewood’s proposed2022-2026Capital Improvement Plan (CIP) identifies the
replacement of one front end wheel loader.City Council approval is needed to move forward with
this purchase.
Recommended Action:
Motion to approve the purchase of one front end wheel loader anddirect the Mayor and City
Manager to enter into acontract with Ziegler Inc. for the purchaseunder MN State Contract
#171599in the amount of $285,060.00.
Fiscal Impact:
Is There a Fiscal Impact?NoYes, the true or estimated cost is$285,060.00(prior to trade
in of old unit)
Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source
Use of Reserves Other:The proposed 2022-2026 CIP identifies
$290,000.00 for the replacement of the old unit.The cost for this purchase, lessthe trade in value
of the old unit ($25,150.00), is $259,910.00. This is $30,090.00less than the estimated CIP
amount. The savings will go into the fleet fund forfuture CIP fleet purchases. The Finance Director
has reviewedthe fleet fund balance and there are sufficient funds to move forward with this
purchase.
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
The new front end wheel loader will increase work efficiencies and better serve thecurrent and
future needs of ourpublic works operations.
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Background
The 1999 model front end wheel loader(Unit 701)is due for replacement. This piece of heavy
equipment performs many tasks for all divisions in public works. It is equipped with a plow and wing
for snow and ice removal in winter months and is used daily in summer months for various public
works projects.
As part of the City’s asset management program, fleet assets use aVehicle ReplacementRating
(VRR) score to reflect the current condition of vehicles and the priority for replacement. The VRR
score is basedon a scale of 0 to 30 where 0 isa brand new vehicle and 30 is the highest priority for
replacement. VRR scores are generated by rating a vehicle in six categories. These categories
includetheage of the vehicle, usage (distance driven or time used), maintenance and repair costs
(not including accident repairs), reliability (frequency the vehicle is in the shop for repairs), type of
service the vehicle receives, and condition based on mechanic’s inspection.Due to high engine
hours (7,379 hrs) a Vehicle Replacement Rating (VRR) of 21.03, and the heavy wear this machine
receives make it no longer cost effective to operate.
Most large equipment purchases can take six to eight months from the order date to the delivery
date. Staff isrequesting the wheel loader be ordered before November 30, 2021 to avoid a 7%
contract price increase. The City would take delivery and be invoiced for this purchase in 2022.
The following is a summary of the cost for the wheel loader replacement:
2022 930M Wheel Loader and Attachments $285,060.00(prior to trade in of old unit)
Attachments
1.Quote/Specs fromZiegler Inc.
Council Packet Page Number 128 of 300
G5, Attachment 1
Council Packet Page Number 129 of 300
G5, Attachment 1
Council Packet Page Number 130 of 300
G5, Attachment 1
Council Packet Page Number 131 of 300
G5, Attachment 1
Council Packet Page Number 132 of 300
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CITY COUNCILSTAFF REPORT
Meeting Date October 25, 2021
REPORT TO:
Melinda Coleman, City Manager
REPORT FROM:Steven Love, Public Works Director / City Engineer
Jon Jarosch, Assistant City Engineer
PRESENTER:Steven Love
AGENDA ITEM:
Resolution for Reduction of Retainage on Existing Construction Contract,
County Road B and Arcade Street Improvements, City Project 19-22
Action Requested:MotionDiscussionPublic Hearing
Form of Action:ResolutionOrdinanceContract/AgreementProclamation
Policy Issue:
CityCouncil will consider approving the attached resolution for reduction of retainage onanexisting
construction contract.
Recommended Action:
Motion to approve the attached resolution for reduction of retainage on existing construction
contractfor the County Road B and Arcade Street Improvements, City Project 19-22.
Fiscal Impact:
Is There a Fiscal Impact?NoYes, the true or estimated cost is$4,056,778.60.
Financing source(s): Adopted BudgetBudget ModificationNew Revenue Source
Use of Reserves Other:This proposed reduction of retainage will
reduce held retainage from $112,888.16to $1,000.00.No adjustments to the approved budget are
necessaryat this time.
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
This infrastructure improvement project was previously identified in the City’s Capital Improvement
Plan and included the full reconstruction of County Road B and Arcade Street.
Background
The City Council previously awarded a construction contract to Valley Paving, Inc. for the County
Road B and Arcade Street Improvements, City Project 19-22,in the amount of $4,056,778.60. The
project improvements included full reconstruction of the projectstreets, the replacement of the
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watermain system, repairs to the sanitary sewer system, upgrades and expansions of the storm
sewer system, and the installation of sidewalksor trailsalong project streets.
The contractor, Valley Paving, Inc., has completed the project improvements and the remaining
punch-list items.A reduction in contract retainage to $1,000.00is justified at this time based upon
the amount of completed work.
Attachments
1.19-22 Project Location Map
2.Resolution for Reduction of Retainage on Existing Construction Contract
Council Packet Page Number 134 of 300
G6, Attachment 1
Council Packet Page Number 135 of 300
G6, Attachment 2
RESOLUTION
REDUCTION OF RETAINAGE ON EXISTING CONSTRUCTION CONTRACT
PROJECT 19-22
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered Improvement
Project 19-22,County Road B and Arcade StreetImprovements, and has let a constructioncontract
pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, the contractor, Valley Paving, Inc., has completed the requirements of the project
construction work,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that:
1.A reduction in retainage onthe construction contract is hereby authorized to be reduced, at
the discretion of the City Engineer, to $1,000.00
th
Adopted by the Maplewood City Council on this 25day ofOctober, 2021.
Council Packet Page Number 136 of 300
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CITY COUNCILSTAFF REPORT
Meeting Date October 25, 2021
REPORT TO:
Melinda Coleman, City Manager
REPORT FROM:Steven Love, Public Works Director / City Engineer
PRESENTER:
Steven Love, Public Works Director / City Engineer
AGENDA ITEM:Encroachment Agreement with 2263 Dahl Avenue East
Action Requested:MotionDiscussionPublic Hearing
Form of Action:ResolutionOrdinanceContract/AgreementProclamation
Policy Issue:
In 2007 abuilding addition was added to the home at 2263 Dahl Avenue East. As part of the home
sale process, it was identified that a corner of the addition encroaches into the City’s drainage and
utility easement. The City Council will consider entering into anencroachment agreement with the
property ownersof 2263 Dahl Avenue East that allows the addition to remain in place while
protecting the City’s infrastructure now and into the future.
Recommended Action:
Motion to approve the attached encroachment agreementwith the property owners of 2263 Dahl
Avenueandauthorize theMayor andCity Manager to sign the attached agreement.
Fiscal Impact:
Is There a Fiscal Impact?NoYes, the true or estimated cost is$0.00
Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source
Use of Reserves Other:The proposed encroachment agreement
lays out that any additional cost for maintenance activities or replacement,beyond what it would
normally cost the City, due to the encroachment will be responsibility of the property owner.
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
The proposed encroachment agreementprotects the City’s current infrastructure now and into the
future. The agreement includes language that coversif there areadditional costs, above what the
City would normally have, formaintenance activities or replacement due to the encroachment will
be the responsibility of the property owners.
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Background
The property located at 2263 Dahl Avenue East was platted in 1978 as part of the Van Dahl
Addition plat. This plat included dedication of drainage and utility easements for public purposes.
Typically, these type of easement run adjacent to lot lines and are utilizedforrouting stormwater
runoff or installing public utilities such as storm sewer. In this case the easement runs along the
east lot line before cutting across the lot at an angel to the northwest(see attached property
survey). Within this easement lies thepublic storm sewer, built in 1979,that serves Dahl Avenue.
This system connects the Dahl Avenue storm sewer with the existing storm sewer system on
McKnight Road.
In 2007, a building addition was built onto the northside of the existing home. Based on our files,
the building drawings for theproposed addition did not show the easement or the storm sewer
system.
The property owners are in the process of selling their property. The title company identified a
potential encroachment of the home into the City’s drainage and utility easement. The property
owners had the property surveyed to verify the location of the home, storm sewer utilities, and
easement (see attached property survey). This survey verified that the building addition and the
deck encroach into the easement. The property ownershave been working with City staff and the
City Attorney on finding a solution to the encroachmentthatallows the building addition to remain
while protecting the City’s infrastructureand interests.
Public Works staff have verified that there havebeen no issues to date with thestorm sewer system
and there are no known drainage issues at this location. The proposed agreement allows the
building addition to remain within the easement area. The agreement has language that states if
there are any additional costs, above what the City would normally have, for maintenance or
replacement activities, these costswill be the responsibility of the property owners. If is determined
the line needsto be replaced in the future the existing line would be abandoned in place, the storm
sewer would be rerouted, and a new easement would be dedicated.All costs above what the City
would have paid to replace the pipe back in the same location will be responsibility of the property
owners.
City staff and the City Attorney have reviewed the attached agreement and recommend approval.
After the agreement issigned by all parties the City will record the agreement at the county so it will
run with property.
Attachments
1.Encroachment Agreement with the property of 2263 Dahl Avenue East
2.Property Survey
Council Packet Page Number 138 of 300
G7, Attachment 1
ENCROACHMENT AGREEMENT
This Encroachment Agreement (the “Agreement”) is made and entered into as of the ____
day of ____________, 2021(the “Effective Date”), by and between Arturo H. Leyva and
ElizabethL. Leyva, married to each other (the “Owners”), and the city of Maplewood (the “City”),
a Minnesota municipal corporation with principal offices at 1830 County Road B East,
Maplewood, Minnesota 55109.
RECITALS
A.The Owners are thefeeowners of real property located at 2263 Dahl Avenue East,
Maplewood, MN 55119(“2263 Dahl Avenue East”),legally described as Lot 8, Block 1,
Van Dahl Addition, Ramsey County, Minnesota, and as depicted in Exhibit A.
B.The Cityisthe owner of a 15-foot-wide drainage and utility easement (the “Utility
Easement”)located on 2263 Dahl Avenue Eastand which contains an existing 15-inch
round reinforced storm sewer pipe (the “Storm Sewer Pipe”),as depicted in Exhibit A.
C.The Owners maintain and make use of certain improvements, including but not limited to
a structural addition to their home and a wood deck(the “Improvements”), which
Improvements encroach on the City’s Utility Easement,as depicted in Exhibit A.
D.The Owners haverequested permission from the City to continue maintaining and making
use of the Improvements.
E.The Cityhas agreed to allow the Improvements to remain and to allow the Owners to use,
repair, and maintain the Improvements on the condition that the Owners execute this
Agreement and comply with its terms and conditions.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt of which is
acknowledged by the parties, and based onthe premises and the mutual covenants and agreements
set forth herein, the parties hereby agree as follows:
1.License Granted.The Cityhereby grants to the Owners, their successors and assigns,
(hereinafter, “Owners” includes their successors and assigns unless otherwise noted)
subject to all of the terms and conditions of this Agreement, anexclusive license for the
sole purpose of using, repairing, and maintaining the Improvements.
2.Limitations and Requirements. This license is subject to the following understandings,
limitations, requirements, and agreements:
(a)This license is limited exclusively to the Improvements as constructed and located
within the Utility Easementas of the Effective Date and doesnot authorize any
other improvements to be constructed or placed in or on the Utility Easement.
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(b)The Ownersshall be solely responsible for anywork and costs to maintainand
repair the Improvements and no such work shall consist of constructing or placing
any other improvements in or on the Utility Easement.
(c)If at any time in the use, repair,or maintenance of the Improvements within the
Utility Easement,the Ownersor theiragents cause any damage to the City’s Utility
Easement or Storm Sewer Pipe, the Ownersagree to repair and restore the City’s
Utility Easement or Storm Sewer Pipe to the condition eachwas in prior to said
damage,or better, at the Owners’ sole expense. If the Ownersfail, within 30 days
after notice from the City, to fully repair and restore the City’s Utility Easement or
Storm Sewer Pipe,the Cityshall have the right to make all such repairs and
restorationor relocate the Storm Sewer Pipe, at its option.The Cityshall bill the
Ownersfor all associated costs it incurs related to suchwork, including the City’s
legal costs. If the Ownersfail to reimburse the Cityfor its costs and expenses within
30 days of receipt of an invoice for such costs, the Cityshall have the right to
recover its costs as provided in this Agreement.Notwithstanding anything herein
to the contrary, theCity may decide, at its solediscretion, whether to allow any
requiredrepair or maintenanceof the Utility Easement or Storm Sewer Pipeto be
performed by the Owners themselves or by the City at the Owner’s expense.
(d)The Ownersagree not to suffer or allow any liens, claims, or processes to be placed
against the City’s rights to or interest in the Utility Easementas a result of theiruse
of the Utility Easementincluding, without limitation, any liens for labor or
materials provided for the construction, repair, or maintenance of the Improvements
within the Utility Easement.
(e)The Citymakes no representations or warranties as to the condition of the Utility
Easement or the Storm Sewer Pipe or their ability to support the Improvements.
(f)The Owners agree that the use of the UtilityEasementis with the City’s permission
and is not open, continuous, notorious or in any other manner supportive of a claim
of adverse possession, prescriptive easement, or other entitlement to the Utility
Easement. The parties acknowledge that this Agreement is only a license to use
the Utility Easementfor the purpose described in this Agreement. The parties
acknowledge that this Agreementis not a lease or easement and does not confer
any estate or interest in real property to the Owners beyond this Agreement.
(g)The Ownersassume all risk with respect to their or the City’s activities within, and
use of, the Utility Easement.The Cityshall not be liable for, and shall not be
required to repair, any damage that may occur to the Improvements occasioned by
the Owners’activities within, and use of, the Utility Easementor the City’s repair
or maintenance of the Utility Easement or the Storm Sewer Pipe.
(h)If the Improvements, or anyportion of the Improvements, aredamaged or destroyed
to the extent that they must be removed or reconstructed, the Owners shall remove
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the Improvementsor reconstruct themso that the Improvementsno longer encroach
onto the Utility Easement.
(i)If the Improvements, or any portion of the Improvements, are voluntarily removed
by the Owners, any new structures, additions, decks, or other improvements shall
be constructed so that they are not within or on the Utility Easement and are
otherwise in compliance with all City ordinances.
(j)Nothing in this Agreementshall be construed as limiting the City’sright to use,
maintain, improve, reconstruct,or relocatethe Utility Easement or the Storm Sewer
Pipe.
(k)This Agreement may be recorded in the office of the Ramsey County Recorderor
Registrar of Titles and is intended to run with the land.
3.Term and Revocation. This Agreement shall commence on the Effective Dateand shall
continue until terminated by mutual agreement of the parties or until revoked by the City.
The Citymay revoke this license and terminate this Agreementat any time and for any
reason upon providing the Owners written notice of revocation.
4.Additional Costs to Owner. The City owns and operates a storm sewer system for the
benefit of the public. The Improvements exist in the Utility Easement without right. The
City is not aware of any maintenance needs of the Storm Sewer Pipe at the present time.
If, in the future, a need arises to maintain, repair or replace the Storm Sewer Pipe, the City
will make reasonable efforts to do so without damaging or requiring the removal of the
Improvements. If, due to the encroachment of the Improvements in the Utility Easement,
the City incurs any costs in maintaining, repairing or replacing the Storm SewerPipe above
the costs otherwisereasonably expected,the Owners agree to reimburse the City for all
such additional costs. The Owners agree to reimburse the City for such additional costs
within 30 days of receipt of an invoice from the City. If the Owners fail to reimburse the
City in a timely manner, the City has the right to specially assess such costs against 2263
Dahl Avenue East in accordance with Minnesota Statutes, chapter 429 and the Owners
waive any notice of hearing or hearing or right to appeal such special assessments.
Notwithstanding anything herein to the contrary, the Owners acknowledge that the City
retains the right to remove or require the removal of the Improvements from the Utility
Easement if it concludes, in its sole discretion, such to the in the best interests of the public.
5.Indemnification. The Ownersshall indemnify, hold harmless and defend the City, its
officials, employees, contractors and agents, from and against any and all claims, losses,
proceedings, damages, causes of action, liability, costs,or expenses (including reasonable
attorneys’ fees),arising from or in connection with or caused by any act, omission, or
negligence of the Owners,theircontractors, licensees, invitees, agents, servants, or
employees in connection with the Improvements, the construction, repair, or maintenance
of the Improvements and the Owners’ use of the Utility Easement.
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6.Governing Lawand Amendments. This Agreement shall be governed by the laws of the
State of Minnesota and may only be amended with the written consent of both parties.
7.Binding Agreement. This Agreement constitutes the entire agreement between the parties
and is binding on the parties until terminated by mutual agreement or revoked by the City.
8.Incorporation. The recitals contained in this Agreement and anyof itsexhibits attached
are incorporated in and made part of this Agreement.
9.Counterparts. For the convenience of the parties, any number of counterparts of this
Agreementmay be executed and each such executed counterpart shall be deemed an
original, but all such counterparts together shall constitute one and the same Agreement.
OWNERS
___________________________________
Arturo H. Leyva
___________________________________
Date
___________________________________
Elizabeth L. Leyva
___________________________________
Date
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ___ day of _______________,
2021, by Arturo H. Leyva and Elizabeth L. Leyva, married to each other.
____________________________________
Notary Public
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CITY OF MAPLEWOOD
___________________________________
Marylee Abrams, Mayor
___________________________________
Date
___________________________________
Melinda Coleman, City Manager
___________________________________
Date
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
The foregoing instrument as acknowledged before me this _____ day of ____________,
2020, by Marylee Abrams and Melinda Coleman, the Mayor and City Manager , respectively, of
the city of Maplewood, a Minnesota municipal corporation, on behalf of the City.
____________________________________
Notary Public
This document was drafted by:
Kennedy & Graven, Chartered (SBK)
150 South Fifth Street
Suite 700
Minneapolis, MN 55402
612-337-9300
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EXHIBIT A
Depiction of the Property, Utility Easement, and Storm Sewer Pipe
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H1
CITY COUNCILSTAFF REPORT
Meeting Date October 25, 2021
REPORT TO:
Melinda Coleman, City Manager
REPORT FROM: Jeff Thomson, Community Development Director
PRESENTER:
Jeff Thomson, Community Development Director
AGENDA ITEM: EDA Tax Increment Financing District No. 1-15
a.Public Hearing
b.Resolution Approving Modification of the Development District
Program for Development District No. 1 and the Tax Increment
Financing Plan for TIF District No. 1-15
Action Requested: Motion Discussion Public Hearing
Form of Action: Resolution OrdinanceContract/Agreement Proclamation
Policy Issue:
The city and the Economic Development Authority (EDA) have received a Tax Increment
Financing (TIF) application from the developer, REE Maplewood Apartments, LLC, of the former
fire station at 2501 Londin La East. The application requests that the city and EDA establish a new
housing TIF district.
Recommended Action:
a.Hold the Public Hearing.
b.Motion to approve the Resolution Approving Modification of the Development District
Program for Development District No. 1 and the Tax Increment Financing Plan for Tax
Increment Financing District No. 1-15.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is N/A.
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: The modification to the development
district and approving the TIF plan would not approve the use of TIF assistance for the project. The
Economic Development Authority (EDA) will review an agreement with the developer separately at
its meeting. The agreement outlines the amount and terms of the TIF assistance for the project.
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
The proposal is consistent with the city’s strategic plan. The city is selling the property for fair
market value which ensures the city is a good steward of its capital assets. The proceeds from the
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H1
sale will be dedicated to the Fire Station Fund for construction of the new north fire station. In
addition, the redevelopment project proposed by the buyer – 148 units of housing – is consistent
with the city’s 2040 comprehensive plan policies related to land use and housing. Lastly, the
construction of new affordable housing units is consistent with the city’s housing goals.
Background
Tax Increment Financing
On July 22, 2019, the city adopted a modified enabling resolution for the Maplewood Economic
Development Authority (EDA), which grants the EDA authority to use tax increment financing. Tax
increment financing is a funding tool that takes advantage of the increase in property taxes that
result from redevelopment. The increase in tax revenue is a result of the investment in the property
and the resulting increase in taxes. TIF captures only the increase in taxes and not the current or
base amount of taxes that are currently paid. The increment can be used by the EDA to repay debt
or certain costs incurred by the city as a result of the development. For this application, the debt
would be a note issued to the developer for costs associated with the redevelopment project and
construction of affordable housing units. The goal of the proposed TIF district is to provide new
affordable housing units in the community.
Proposed Development
The developer, REE Maplewood Apartments, LLC, is proposing to construct a 148-unit multi-family
housing building on the property. The proposed building would be three stories in height over an
enclosed below-grade parking garage. The proposed project includes 60 units for households
making 60% of the area median income (AMI), including 25 one-bedroom units, 20 two-bedroom
units, and 15 three-bedroom units. An additional 52 units would be provided for households making
80% of AMI. The remaining 36 units would be market rate and not be income restricted. The 60
units at 60% AMI meet the requirements for establishing a TIF housing district.
TIF District and TIF Plan
The resolution before the city council would create a new housing TIF district by adopting a tax
increment financing plan. This plan outlines the district boundaries, objectives and policies, and the
maximum budget for the district. The TIF plan itself does not grant any specific TIF assistance or
city financial obligations to support development within the district. The specific terms of the TIF
assistance are provided in the development agreement between the EDA and the developer.
Attachments
1.Resolution
2.Modification to the Development Program and Tax Increment Financing Plan
Council Packet Page Number 156 of 300
H1, Attachment 1
CITY OF MAPLEWOOD
SOLUTION NO. __
RE
RESOLUTION APPROVING MODIFICATION OF THE
DEVELOPMENT DISTRICT PROGRAM FOR DEVELOPMENT
DISTRICT NO. 1 AND THE TAX INCREMENT FINANCING
PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-15
BE IT RESOLVED By the City Council of the City of Maplewood, Minnesota as follows:
Section 1. Recitals.
1.01. The City Council of the city of Maplewood (the “City”) established the Maplewood
Economic Development Authority (“MEDA”) to promote development and redevelopment within
the community.
1.02. On July 22, 2019 the City adopted a modified Enabling Resolution for MEDA,
giving it the authority of an economic development authority under Minnesota Statutes, sections
469.090 through 469.1081 (the “EDA Act”), of a housing and redevelopment authority under
Minnesota Statutes, sections 469.001 through 469.047 (the “HRA Act”); and of a city under
Minnesota Statutes, sections 469.124 through 469.134 (the “City Development Districts Act”).
1.03. In response to a proposal to redevelop a site on Londin Lane previously used as a
fire station for an affordable multifamily housing project, MEDA determined to establish a tax
increment financing district to assist the project.
1.04. MEDA and the City investigated the facts and caused to be prepared a modification
to the Development District Program (the “Development Program”) for Development District
No. 1 (the “Project”) and a tax increment financing plan (the “TIF Plan”) for Tax Increment
Financing District No. 1-15 (the “TIF District”), describing the assistance which may be provided
to encourage redevelopment within the Project.
1.05. All actions required by law to be performed prior to the adoption of the modified
Development Program and the TIF Plan and establishment of the TIF District have been
performed, including approval of the TIF Plan by MEDA at its meeting on October 25, 2021.
1.06. MEDA and the City notified Ramsey County and Independent School District No.
622 of the public hearing on the modified Development Program and TIF Plan to be held before
the City Council on October 25, 2021.
1.07. The modified Development Program and TIF Plan are contained in a document
entitled “Modification to the Development Program, Development District No. 1 and Tax
Increment Financing (TIF) Plan, Establishment of Tax Increment Financing District No. 1-15 (a
housing district)” dated October 25, 2021 and on file at city hall.
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1.08. The City Council has fully reviewed the contents of the modified Development
Program and TIF Plan and has on October 25, 2021 conducted a public hearing thereon at which
the views of all interested persons were received orally or in writing.
Section 2. Findings Relating to the Adoption of the Modified Development Program.
2.01. The City finds that the modified Development Program, which consists of inclusion
of an additional tax increment financing district, continues to be consistent with the City’s
comprehensive plan.
2.02. The City finds that the adoption of the modified Development Program would
promote redevelopment of a property within the Development Districtand is in the vital interests
of the community as a whole.
Section 3. Findings Relating to the Establishment of Tax Increment Financing District No. 1-15.
3.01. The City finds and determines that it is necessary and desirable for the sound and
orderly development of the Development District and the community as a whole, and for the
protection and preservation of the public health, safety, and general welfare, that the authority of
the TIF Act be exercised by MEDA and the City to establish Tax Increment Financing District No.
1-15.
3.02. The City further finds and determines, and it is the reasoned opinion of the City,
that the redevelopment proposed in the TIF Plan for the TIF District could not reasonably be
expected to occur solely through private investment within the reasonably foreseeable future and
that the increased market value of the land within the TIF District that could reasonably be
expected to occur without the use of tax increment financing would be less than the increase in the
market value estimated to result from the proposed redevelopment, after subtracting the present
value of the projected tax increments for the maximum duration of the TIF District, and that
therefore the use of tax increment financing is necessary to assist the project. The City adopts and
hereby incorporates the findings and but for qualifications included as Exhibit C to the TIF Plan.
3.03. T
he expenditures proposed to be financed through tax increment financing are
necessary to permit MEDA and the City to realize the full potential of the Development District
in terms of development intensity, diversity of usesand tax base and to facilitate the redevelopment
of land with an affordable housing project which is consistent with the comprehensive plan.
3.04. The TIF Plan for the TIF District will afford maximum opportunity, consistent with
the sound needs of the City as a whole, for redevelopment of the Development District by private
enterprise.
3.05. The TIF Plan for the TIF District conforms to the general plan for the development
and redevelopment of Maplewood as a whole. The developer’s plans for a multifamily residential
building is fully consistent with the city’s comprehensive plan.
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3.06. The City has relied upon the written representation made by the developer, review
of the developer’s proforma, the opinions and recommendations of City staff and consultants, and
the personal knowledge of the members of the City Council in reaching its conclusions regarding
the TIF Plan and the establishment of the TIF District.
3.07. TIF District No. 1-15 is a housing tax increment financing district within the
meaning of Minnesota Statutes, section 469.174, subd. 11.
Section 4. Approval of Modified Development Program and Tax Increment Financing Plan;
Establishment of Tax Increment Financing District No. 1-15;
4.01. The modified Development Program for Development District No. 1 is hereby
approved.
4.02. The TIF Plan for TIFDistrict No. 1-15 is hereby approved, as adopted by MEDA.
Tax Increment Financing District No. 1-15 is hereby established.
4.03. The Executive Director of MEDA is authorized and directed to transmit a certified
copy of this resolution together with a certified copy of the modified Development Program and
the TIF Plan to Ramsey County with a request that the original tax capacity of the property within
TIF District No. 1-15 be certified to MEDA pursuant to Minnesota Statutes, section 469.177, subd.
1 and to file a copy ofthe modified Development Program and the TIF Plan for TIFDistrict No. 1-
15 with the Minnesota department of revenue.
Dated: October 25, 2021
____________________________________
Marylee Abrams, Mayor
ATTEST:
_______________________________
Andrea Sindt, City Clerk
MA745-33-755756.v1
3
Council Packet Page Number 159 of 300
H1, Attachment 2
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Council Packet Page Number 160 of 300
H1, Attachment 2
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Council Packet Page Number 161 of 300
H1, Attachment 2
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Council Packet Page Number 162 of 300
H1, Attachment 2
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Council Packet Page Number 163 of 300
H1, Attachment 2
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Council Packet Page Number 164 of 300
H1, Attachment 2
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Council Packet Page Number 165 of 300
H1, Attachment 2
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Council Packet Page Number 166 of 300
H1, Attachment 2
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!!
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Uby!Jodsfnfou!Gjobodjoh!Ejtusjdu!Op/!2.267!
Council Packet Page Number 167 of 300
H1, Attachment 2
VTFT!PG!GVOET
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!
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Uby!Jodsfnfou!Gjobodjoh!Ejtusjdu!Op/!2.268!
Council Packet Page Number 168 of 300
H1, Attachment 2
FTUJNBUFE!JNQBDU!PO!PUIFS!UBYJOH!KVSJTEJDUJPOT!
Uif!ftujnbufe!jnqbdu!po!puifs!ubyjoh!kvsjtejdujpot!bttvnft!uibu!uif!
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Nbqmfxppe.Pblebmf*
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Jnqbdu!po!Uby!Sbuft
Qbz!3132!
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FoujuzFyufotjpo!DUD
UpubmUbyft
Sbuf
Sbntfz!Dpvouz
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JTE!733!)Opsui!Tu/!Qbvm.
Nbqmfxppe.Pblebmf*
Puifs
!
!
Uif!ftujnbuft!mjtufe!bcpwf!ejtqmbz!uif!dbquvsfe!uby!dbqbdjuz!xifo!bmm!
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!
!
!
!
Nbqmfxppe!Fdpopnjd!Efwfmpqnfou!Bvuipsjuz!!
Uby!Jodsfnfou!Gjobodjoh!Ejtusjdu!Op/!2.269!
Council Packet Page Number 169 of 300
H1, Attachment 2
Qvstvbou!up!N/T/!Tfdujpo!57:/286!Tvce/!3)c*;!
)2*!!Ftujnbuf!pg!upubm!uby!jodsfnfou/!!Ju!jt!ftujnbufe!uibu!uif!upubm!bnpvou!
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%24-411-2:9<!
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jutfmg-!xjmm!ofdfttjubuf!ofx!dbqjubm!jowftunfou!jo!wfijdmft!ps!gbdjmjujft/!
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!!
Uif!qspcbcmf!jnqbdu!pg!boz!Ejtusjdu!hfofsbm!pcmjhbujpo!uby!jodsfnfou!
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!
)4*!!Ftujnbufe!bnpvou!pg!uby!jodsfnfou!buusjcvubcmf!up!tdippm!ejtusjdu!
mfwjft/!!Ju!jt!ftujnbufe!uibu!uif!bnpvou!pg!uby!jodsfnfout!pwfs!uif!mjgf!
pg!uif!Ejtusjdu!uibu!xpvme!cf!buusjcvubcmf!up!tdippm!ejtusjdu!mfwjft-!
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Nbqmfxppe!Fdpopnjd!Efwfmpqnfou!Bvuipsjuz!!
Uby!Jodsfnfou!Gjobodjoh!Ejtusjdu!Op/!2.26:!
Council Packet Page Number 170 of 300
H1, Attachment 2
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EJTUSJDU!BENJOJTUSBUJPO!
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Nbqmfxppe!Fdpopnjd!Efwfmpqnfou!Bvuipsjuz!!
Uby!Jodsfnfou!Gjobodjoh!Ejtusjdu!Op/!2.2621!
Council Packet Page Number 171 of 300
H1, Attachment 2
Bqqfoejy!B;!!Nbq!pg!Efwfmpqnfou!Ejtusjdu!Op/!2!boe!uif!UJG!
Ejtusjdu!
!
Nbqmfxppe!Fdpopnjd!Efwfmpqnfou!Bvuipsjuz!!
Uby!Jodsfnfou!Gjobodjoh!Ejtusjdu!Op/!2.2622!
Council Packet Page Number 172 of 300
Council Packet Page Number 173 of 300
H1, Attachment 2
Bqqfoejy!C;!!Ftujnbufe!Dbti!Gmpx!gps!uif!Ejtusjdu
!
Nbqmfxppe!Fdpopnjd!Efwfmpqnfou!Bvuipsjuz!!
Uby!Jodsfnfou!Gjobodjoh!Ejtusjdu!Op/!2.2623!
Council Packet Page Number 174 of 300
H1, Attachment 2
Council Packet Page Number 175 of 300
H1, Attachment 2
Council Packet Page Number 176 of 300
H1, Attachment 2
Council Packet Page Number 177 of 300
H1, Attachment 2
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sfbtpobcmz!cf!fyqfdufe!up!pddvs!tpmfmz!uispvhi!qsjwbuf!jowftunfou!
xjuijo!uif!sfbtpobcmz!gpsftffbcmf!gvuvsf;!Uijt!gjoejoh!jt!tvqqpsufe!cz!
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jodsfnfou!bttjtubodf/!
!
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fyqfdufe!up!pddvs!xjuipvu!uif!vtf!pg!uby!jodsfnfou!gjobodjoh!xpvme!cf!
mftt!uibo!uif!jodsfbtf!jo!nbslfu!wbmvf!ftujnbufe!up!sftvmu!gspn!uif!
qspqptfe!efwfmpqnfou!bgufs!tvcusbdujoh!uif!qsftfou!wbmvf!pg!uif!
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Uby!Jodsfnfou!Gjobodjoh!Ejtusjdu!Op/!2.2624!
Council Packet Page Number 178 of 300
H1, Attachment 2
Uijt!gjoejoh!jt!kvtujgjfe!po!uif!hspvoet!uibu!uif!dptut!pg!bdrvjtjujpo-!
cvjmejoh!efnpmjujpo-!tjuf!jnqspwfnfout-!vujmjuz!jnqspwfnfout!boe!
dpotusvdujpo!pg!bggpsebcmf!ipvtjoh!bee!up!uif!upubm!efwfmpqnfou!dptu/!!
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ipvtjoh!jogfbtjcmf!xjuipvu!uby!jodsfnfou!bttjtubodf/!Bmuipvhi!puifs!
qspkfdut!dpvme!qpufoujbmmz!cf!qspqptfe-!uif!Djuz!sfbtpobcmz!efufsnjoft!
uibu!op!puifs!sfefwfmpqnfou!pg!tjnjmbs!tdpqf!qspwjejoh!uif!eftjsfe!
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bttjtubodf!cfjoh!qspwjefe!up!uif!efwfmpqnfou/!
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Council Packet Page Number 179 of 300
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Council Packet Page Number 180 of 300
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: H1, Attachment 1 – Revised
CITY OF MAPLEWOOD
RESOLUTION NO. __
RESOLUTION APPROVING MODIFICATION OF THE
DEVELOPMENT DISTRICT PROGRAM FOR DEVELOPMENT
DISTRICT NO. 1 AND THE TAX INCREMENT FINANCING
PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-15
BE IT RESOLVED By the City Council of the City of Maplewood, Minnesota as follows:
Section 1. Recitals.
1.01. The City Council of the city of Maplewood (the “City”) established the Maplewood
Economic Development Authority (“MEDA”) to promote development and redevelopment within
the community.
1.02. On July 22, 2019 the City adopted a modified Enabling Resolution for MEDA,
giving it the authority of an economic development authority under Minnesota Statutes, sections
469.090 through 469.1081 (the “EDA Act”), of a housing and redevelopment authority under
Minnesota Statutes, sections 469.001 through 469.047 (the “HRA Act”); and of a city under
Minnesota Statutes, sections 469.124 through 469.134 (the “City Development Districts Act”).
1.03. In response to a proposal to redevelop a site on Londin Lane previously used as a
fire stationfor an affordable multifamily housing project, MEDA determined to establish a tax
increment financing districtto assist the project.
1.04. MEDA and the City investigated the facts and caused to be prepared a modification
to the Development District Program (the “Development Program”) for Development District
No. 1 (the “Project”) and a tax increment financing plan (the “TIF Plan”)for Tax Increment
Financing District No. 1-15 (the “TIF District”), describing the assistance which may be provided
to encourage redevelopment within the Project.
1.05. All actions required by law to be performed prior to the adoption of the modified
Development Program and the TIF Plan and establishment of the TIF District have been
performed, including approval of the TIF Plan by MEDA at its meeting on October 25, 2021.
1.06. MEDA and the City notified Ramsey County and Independent School District No.
622of the public hearing on the modified Development Program and TIF Plan to be held before
the City Council on October 25, 2021.
1.07. The modified Development Program and TIF Plan are contained in adocument
entitled “Modification to the Development Program, Development District No. 1 and Tax
Increment Financing(TIF)Plan, Establishment ofTax Increment Financing District No. 1-15 (a
housing district)” dated October 25, 2021 and on file at city hall.
MA745-33-755756.v1
1
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: H1, Attachment 1 – Revised
1.08. The City Council has fully reviewed the contents of the modified Development
Program and TIF Plan and has on October 25, 2021conducted a public hearing thereon at which
the views of all interested persons were received orally or in writing.
Section 2. Findings Relating to the Adoption of the Modified Development Program.
2.01. The City finds that the modified Development Program, which consists of inclusion
of an additional tax increment financing district, continues to be consistent with the City’s
comprehensive plan.
2.02. The City findsthat the adoption of the modified Development Program would
promote redevelopment of aproperty within theDevelopment Districtand is in the vital interests
of the community as a whole.
Section 3. Findings Relating to the Establishment of Tax Increment Financing District No. 1-15.
3.01. The City finds and determines that it is necessary and desirable for the sound and
orderly development of the Development Districtand the community as a whole, and for the
protection and preservation of the public health, safety, and general welfare, that the authority of
the TIF Act be exercised by MEDA and the City to establish Tax Increment Financing District No.
1-15.
3.02. The City further finds and determines,and it is the reasoned opinion of the City,
that the redevelopment proposed in the TIF Plan for the TIFDistrict could not reasonably be
expected to occur solely through private investment within the reasonably foreseeable future and
that the increased market value of the land within the TIF District that could reasonably be
expected to occur without the use of tax increment financing would be less than the increase in the
market value estimated to result from the proposed redevelopment, after subtracting the present
value of the projected tax increments for the maximum duration of the TIF District, and that
therefore the use of tax increment financing is necessary to assist the project. The City adopts and
hereby incorporates the findings and but for qualifications included as Appendix C to the TIF Plan.
3.03. The expenditures proposed to be financed through tax increment financing are
necessary to permit MEDA and the City to realize the full potential of the Development District
in terms of development intensity, diversity of usesand tax base and to facilitate the redevelopment
of land with an affordable housing project which is consistent with the comprehensive plan.
3.04. The TIF Plan for the TIFDistrict will afford maximum opportunity, consistent with
the sound needs of the City as a whole, for redevelopment of the Development Districtby private
enterprise.
3.05. The TIF Plan for the TIFDistrictconforms to the general plan for the development
and redevelopment of Maplewood as a whole. The developer’s plans for a multifamily residential
building isfully consistent with the city’s comprehensive plan.
MA745-33-755756.v1
2
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: H1, Attachment 1 – Revised
3.06. The City has relied upon the written representation made by the developer, review
of the developer’s proforma, the opinions and recommendations of Citystaff and consultants, and
the personal knowledge of the members of the City Council in reaching its conclusions regarding
the TIF Plan and the establishment of the TIF District.
3.07. TIFDistrict No. 1-15 is a housing tax increment financing district within the
meaning of Minnesota Statutes, section 469.174, subd. 11.
Section 4. Approval of Modified Development Program and Tax Increment Financing Plan;
Establishment of Tax Increment Financing District No. 1-15;
4.01. The modified Development Program for Development District No. 1 is hereby
approved.
4.02. The TIF Plan for TIFDistrict No. 1-15 is hereby approved, as adopted by MEDA.
Tax Increment Financing District No. 1-15 is hereby established.
4.03. The Executive Director of MEDA is authorized and directed to transmit a certified
copy of this resolution together with a certified copy of the modified Development Program and
the TIF Plan to Ramsey County with a request that the original tax capacity of the property within
TIF District No. 1-15 be certified to MEDA pursuant to Minnesota Statutes,section 469.177, subd.
1 and to file a copy ofthe modified Development Program and the TIF Plan for TIFDistrict No. 1-
15 with the Minnesota department of revenue.
Dated: October 25, 2021
____________________________________
Marylee Abrams, Mayor
ATTEST:
_______________________________
Andrea Sindt, City Clerk
MA745-33-755756.v1
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For the permanent record:
Meeting Date: 10/25/2021
Agenda Item H1, Additional Attachment
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item H1, Additional Attachment
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item H1, Additional Attachment
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item H1, Additional Attachment
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item H1, Additional Attachment
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item H1, Additional Attachment
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item H1, Additional Attachment
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item H1, Additional Attachment
I1
CITY COUNCIL STAFF REPORT
Meeting Date October 25, 2021
Melinda Coleman
REPORT TO:
REPORT FROM: Ellen Paulseth, Finance Director
PRESENTER: Ellen Paulseth, Finance Director
AGENDA ITEM: Resolution Awarding the Sale of G.O. Refunding Bonds, Series 2021B
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
The City Council is considering the issuance of the 2021B General Obligation Refunding Bonds, in
the approximate amount of $8,275,000, for the purpose of interest savings on the original issues.
The City Council will review the bid results with the CityÓs bond consultant, specify the final terms of
the bond sale and award the bonds to the winning bidder.
Recommended Action:
Motion to approve the Resolution Awarding the Sale of General Obligation Refunding Bonds, Series
2021B in the Original Aggregate Principal Amount of $8,275,000; Fixing Their Form and
Specifications; Directing Their Execution and Delivery; Providing for Their Payment; and Providing
for the Redemption of Bonds Refunded Thereby.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: N/A
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
The issuance of refunding bonds will allow the City to capitalize on the current lower interest rates
and free up resources for other areas of strategic importance.
Background
The City Council authorized the sale of the 2021B General Obligation Refunding Bonds, in the
approximate amount of $8,275,000, on September 27, 2021 to achieve over $800K in interest
savings on the original 2012A, 2013A, and 2014A General Obligation issues.
Council Packet Page Number 181 of 300
I1
Members of the CityÓs Finance, Community Development, and Public Works Departments
participated in a rating call with S&P Global on October 14, 2021. S&P Global released its rationale
report on October 20, 2021, which affirmed the CityÓs strong AA+ rating. The S&P rationale report
is attached to this staff report.
Bruce Kimmel from EhlerÓs, Inc. will be present for the meeting to present the bid results and make
a recommendation. The sale day report will be distributed prior to the meeting.
Attachments
Resolution Awarding the Sale of General Obligation Capital Improvement Bonds, Series
2021B; in the Original Aggregate Principal Amount of $8,275,000; Fixing Their Form and
Specifications; Directing Their Execution and Delivery; and Providing for Their Payment; and
Providing for the Redemption of Bonds Refunded Thereby.
Council Packet Page Number 182 of 300
I1,Attachment1
ES OF MEETING OF THE
EXTRACT OF MINUT
COUNCIL OF THE CITY OF MAPLEWOOD
RAMSEY COUNTY, MINNESOTA
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood,
Minnesota, was duly held in the Council Chambers of City Hall in said City on Monday, October 25, 2021,
commencing at 7:00 p.m.
The following members of the Council were present:
and the following were absent:
* * * * * * * * *
The Mayor announced that the next order of business was consideration of the proposals which had
been received for the purchase of the CityÓs General Obligation Refunding Bonds, Series 2021B, to be
issued in the original aggregate principal amount of $________.
The City Manager presented a tabulation of the proposals that had been received in the manner
specified in the Terms of Proposal for the Bonds. The proposals are as set forth in EXHIBIT A attached.
After due consideration of the proposals, Member _____________ then introduced the following
resolution and moved its adoption:
Passed, adopted, approved, and filed this 25th day of October, 2021.
Council Packet Page Number 183 of 300
I1, Attachment 1
CITY OF MAPLEWOOD
RESOLUTION NO.______
AWARDING THE SALE OF GENERAL OBLIGATION
REFUNDING BONDS, SERIES 2021B, IN THE ORIGINAL
AGGREGATE PRINCIPAL AMOUNT OF $__________; FIXING
THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR
EXECUTION AND DELIVERY; PROVIDING FOR THEIR
PAYMENT; AND PROVIDING FOR THE REDEMPTION OF
BONDS REFUNDED THEREBY
BE IT RESOLVED by the City Council (the ÐCity CouncilÑ) of the City of Maplewood, Ramsey
County, Minnesota (the ÐCityÑ) as follows:
Section 1. Findings; Sale of Bonds.
1.01. Authorization of Sale of Bonds. Pursuant to a resolution adopted by the City Council on
September 27, 2021, the City Council gave preliminary approval to the issuance of the CityÓs General
Obligation Refunding Bonds, Series 2021B (the ÐBondsÑ), in the proposed aggregate principal amount of
$8,275,000, pursuant to Minnesota Statutes, Section 412.301, and Minnesota Statutes, Chapters 429, 469,
and 475, including specifically Section 475.67, subdivision 3, all as amended (collectively, the ÐActÑ), to
issue bonds to refund certain outstanding obligations of the City, as follows:
(a)General Obligation Bonds, Series 2012A (ÐSeries 2012A BondsÑ), dated July 1,
2012 and issued on July 10, 2012, in the original aggregate principal amount of $5,780,000,
pursuant to Section 412.301 of the Act (ÐSection 412.301Ñ) Chapter 429 of the Act (ÐChapter 429Ñ),
and Chapter 475 of the Act (ÐChapter 475Ñ), the proceeds of which were used to finance (i) various
street improvement projects within the City (the Ð2012 ImprovementsÑ), and (ii) the purchase of
various capital equipment (the Ð2012 EquipmentÑ) (the portion of the Series 2012A Bonds that
financed the 2012 Equipment is no longer outstanding);
(b)General Obligation Bonds, Series 2013A (ÐSeries 2013A BondsÑ), dated July 18,
2013, issued in the original aggregate principal amount of $6,180,000, pursuant to Chapter 429 and
Chapter 475, including specifically Section 475.521, as amended (ÐSection 475.521Ñ), the proceeds
of which were used to (i) refund the CityÓs General Obligation Capital Improvement Plan Bonds,
Series 2004D, dated August 1, 2004, and thereby refinance an addition to the CityÓs public works
building (the Ð2004 CIP ImprovementsÑ); (ii) finance the expansion of and improvements to the
CityÓs existing police department building (the Ð2013 CIP ImprovementsÑ); and (iii) finance
various improvement projects within the City (the Ð2013 ImprovementsÑ); and
(c)General Obligation Bonds, Series 2014A (the ÐSeries 2014A BondsÑ), dated
August 1, 2014 and issued on August 14, 2014 in the aggregate principal amount of $7,745,000,
pursuant to Section 412.301, Chapter 429, Chapter 469 of the Act (ÐChapter 469Ñ), and
Chapter 475, including specifically Section 475.521, the proceeds of which were used to finance:
(i)various street improvement projects (the Ð2014 ImprovementsÑ); (ii) the purchase of various
capital equipment (the Ð2014 EquipmentÑ); (iii) improvements outlined in the CityÓs Capital
Improvement Plan (the Ð2014 CIP ImprovementsÑ); and (iv) certain capital and administration
costs, consisting of public improvements outlined in the CityÓs tax increment financing plan (the
Ð2014 TIF ImprovementsÑ) for Tax Increment Financing District No. 1-12 (the ÐTIF DistrictÑ).
Council Packet Page Number 184 of 300
I1, Attachment 1
The Series 2012A Bonds, Series 2013A Bonds, and Series 2014A Bonds (collectively, the ÐPrior
BondsÑ) are subject to redemption at the option of the City on February 1, 2022, and on that date will be
outstanding in the aggregate principal amount of $8,655,000.
The City is authorized by Section 475.67, subdivision 3 of the Act (ÐSection 475.67, subdivision
3Ñ), to issue and sell its general obligation bonds to refund obligations and the interest thereon before the
due date of the obligations, if consistent with covenants made with the holders thereof, when determined
by the City Council to be necessary or desirable for the reduction of debt service costs to the City or for the
extension or adjustment of maturities in relation to the resources available for their payment.
It is necessary and desirable for the reduction of debt service costs to the City to issue its General
Obligation Refunding Bonds, Series 2021B (the ÐBondsÑ), in the proposed original aggregate principal
amount of $8,275,000, pursuant to the Act and specifically Section 475.67, subdivision 3, and apply the
proceeds of the Bonds to the redemption and prepayment of the outstanding Prior Bonds (the ÐRefunded
BondsÑ), in the aggregate principal amount of $8,655,000, on February 1, 2022.
The City is authorized by Section 475.60, subdivision 2(9) of the Act to negotiate the sale of the
Bonds, it being determined that the City has retained an independent municipal advisor in connection with
such sale. The actions of the City staff and municipal advisor in negotiating the sale of the Bonds are
ratified and confirmed in all aspects.
1.02. Award to the Purchaser and Interest Rates. The proposal of ___________ (the ÐPurchaserÑ)
to purchase the Bonds is determined to be a reasonable offer and is accepted, the proposal being to purchase
the Bonds at a price of $__________ (par amount of $__________, plus original issue premium of
$__________, less original issue discount of $__________, less an underwriterÓs discount of
$__________), plus accrued interest to date of delivery, if any, for Bonds bearing interest as follows:
Year Interest Rate Year Interest Rate
2023% 2030 %
20242031
20252032
20262033
20272034
20282035
2029
True interest cost: _____________%
1.03. Purchase Contract. The amount proposed by the Purchaser in excess of the minimum bid
shall be credited to the Debt Service Fund hereinafter created or the Redemption Fund hereinafter created,
unless the funds are determined to be deposited in another fund by the CityÓs Finance Director (the ÐFinance
DirectorÑ) in consultation with Ehlers & Associates, Inc., the CityÓs municipal advisor (the ÐMunicipal
AdvisorÑ). The Finance Director is directed to retain the good faith check or deposit of the Purchaser,
pending completion of the sale of the Bonds. The Mayor and City Manager are directed to execute a
contract with the Purchaser on behalf of the City.
1.04. Terms and Principal Amounts of Bonds. The City will forthwith issue and sell the Bonds
pursuant to the Act in the original aggregate principal amount of $__________, originally dated November 18,
2021, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing
interest as above set forth, and maturing serially on February 1 in the years and amounts as follows:
Council Packet Page Number 185 of 300
I1, Attachment 1
YearAmount Year Amount
2023$ 2030 $
20242031
20252032
20262033
20272034
20282035
2029
(a)$________ in principal amount of the Bonds (the ÐSeries 2012A Improvement
Portion Refunding BondsÑ), maturing serially on February 1 in the years and amounts set forth below,
are being used to achieve the current refunding of the Series 2012A Bonds, and thereby refinance the
2012 Improvements;
YearAmount Year Amount
2023$ 2026 $
20242087
20252028
(b)$__________ in principal amount of the Bonds (the ÐSeries 2013A Refunding
BondsÑ), maturing serially on February 1 in the years and amounts set forth below, are being used to
achieve the current refunding of the Series 2013A Bonds:
YearAmount Year Amount
2023$ 2028 $
20242029
20252030
20262031
2027
(i)Furthermore, $_________ of the principal of the Series 2013A Refunding
Bonds (the ÐSeries 2013A Refunding 2004A CIP Portion Refunding BondsÑ) shall be payable
on the February 1 in the years and installment amounts as follows and will be allocated to
refinancing the 2004 CIP Improvements:
YearAmount Year Amount
2023$ 2024 $
(ii)$_________ of the principal of the Series 2013A Refunding Bonds (the ÐSeries
2013A CIP Portion Refunding BondsÑ) shall be payable on the February 1 in the years and
installment amounts as follows and will be allocated to refinancing the 2013 CIP
Improvements:
YearAmount Year Amount
2023$ 2028 $
Council Packet Page Number 186 of 300
I1, Attachment 1
20242029
20252030
20262031
2027
(iii)The remainder of the principal of the Series 2013A Refunding Bonds in the
amount of $_________ (the ÐSeries 2013A Improvement Portion Refunding BondsÑ) shall be
payable on the February 1 in the years and installment amounts as follows and will be
allocated to refinancing the 2013 Improvements:
Year AmountYear Amount
2023$ 2027 $
20242028
20252029
2026
(c) The remainder of the Bonds in the principal amount of $________ (the ÐSeries 2014A
Refunding BondsÑ), maturing serially on February 1 in the years and amounts set forth below, are
being used to achieve the current refunding of the Series 2014A Bonds:
YearAmount Year Amount
2023$ 2030 $
20242031
20252032
20262033
20272034
20282035
2029
(i)Furthermore, $_________ of the principal of the Series 2014A Refunding
Bonds (the ÐSeries 2014A Improvement Portion Refunding BondsÑ) shall be payable on the
February 1 in the years and installment amounts as follows and will be allocated to
refinancing the 2014 Improvements:
YearAmount Year Amount
2023$ 2027 $
20242028
20252029
20262030
(ii)$_________ of the principal of the Series 2014A Refunding Bonds (the
ÐSeries 2013A Equipment Portion Refunding BondsÑ) shall be payable on February 1 in the
years and installment amounts as follows and will be allocated to refinancing the 2014
Equipment:
YearAmount Year Amount
2023$ 2024 $
Council Packet Page Number 187 of 300
I1, Attachment 1
(iii) $_________ of the principal of the Series 2014A Refunding Bonds (the
ÐSeries 2014A CIP Portion Refunding BondsÑ) shall be payable on February 1 in the years
and installment amounts as follows and will be allocated to refinancing the 2014 CIP
Improvements:
Year Amount Year Amount
2023 $ 2030 $
2024 2031
2025 2032
2026 2033
2027 2034
2028 2035
2029
(iv) The remainder of the principal of the Series 2014A Refunding Bonds in the
principal amount __________ (the ÐSeries 2014A TIF Portion Refunding BondsÑ) shall be
payable on February 1 in the years and installment amounts as follows and will be allocated
to refinancing the 2014 TIF Improvements:
Year Amount Year Amount
2023 $ 2027 $
2024 2028
2025 2029
2026 2030
1.05. Optional Redemption. The City may elect on February 1, 2030, and on any day thereafter to
prepay Bonds due on or after February 1, 2031. Redemption may be in whole or in part and if in part, at the
option of the City and in such manner as the City shall determine. Prepayments will be at a price of par plus
accrued interest.
Section 2. Registration and Payment.
2.01. Registered Form. The Bonds shall be issued only in fully registered form. The interest thereon
and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the
Registrar described herein.
2.02. Dates; Interest Payment Dates. The Bonds will be dated as of the last interest payment date
preceding the date of authentication to which interest on the Bond has been paid or made available for payment,
unless (i) the date of authentication is an interest payment date to which interest has been paid or made available
for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of
authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of
original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing
August 1, 2022, to the registered owners of record thereof as of the close of business on the fifteenth day of the
immediately preceding month, whether or not that day is a business day.
2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and
paying agent (the ÐRegistrarÑ). The effect of registration and the rights and duties of the City and the Registrar
with respect thereto are as follows:
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(a) Register. The Registrar must keep at its principal corporate trust office a bond register
in which the Registrar provides for the registration of ownership of Bonds and the registration of
transfers and exchanges of Bonds entitled to be registered, transferred, or exchanged.
(b)Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the
registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the
Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the
registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated
transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity,
as requested by the transferor. The Registrar may, however, close the books for registration of any
transfer after the fifteenth day of the month preceding each interest payment date and until that interest
payment date.
(c)Exchange of Bonds. When Bonds are surrendered by the registered owner for
exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate
principal amount and maturity as requested by the registered owner or the ownerÓs attorney in writing.
(d)Cancellation. Bonds surrendered upon transfer or exchange shall be promptly
cancelled by the Registrar and thereafter disposed of as directed by the City.
(e)Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for
transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the
endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested
transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make
transfers which it, in its judgment, deems improper or unauthorized.
(f)Persons Deemed Owners. The City and the Registrar may treat the person in whose
name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is
overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest
on the Bond and for all other purposes, and payments so made to the registered owner or upon the
registered ownerÓs order will be valid and effectual to satisfy and discharge the liability upon the Bond
to the extent of the sum or sums so paid.
(g)Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof
for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or other
governmental charge required to be paid with respect to the transfer or exchange.
(h)Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is
destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date
and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of
and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses
and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or
lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or
lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or
indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the
City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar shall be
cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated,
destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with
its terms it is not necessary to issue a new Bond prior to payment.
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(i) Redemption. In the event any of the Bonds are called for redemption, notice
thereof identifying the Bonds to be redeemed shall be given by the Registrar by mailing a copy of
the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to
be redeemed at the address shown on the registration books kept by the Registrar and by publishing
the notice if required by law. Failure to give notice by publication or by mail to any registered
owner, or any defect therein, shall not affect the validity of the proceedings for the redemption of
Bonds. Bonds so called for redemption shall cease to bear interest after the specified redemption
date, provided that the funds for the redemption are on deposit at the place of payment at that time.
2.04. Appointment of Initial Registrar. The City appoints Bond Trust Services Corporation,
Roseville, Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and
deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with
another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such
business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the
reasonable and customary charges of the Registrar for the services performed. The City reserves the right to
remove the Registrar upon 30 daysÓ notice and upon the appointment of a successor Registrar, in which event
the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must
deliver the bond register to the successor Registrar. On or before each principal or interest due date, without
further order of this City Council, the City Manager must transmit to the Registrar moneys sufficient for the
payment of all principal and interest then due.
2.05. Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of
the City Manager and executed on behalf of the City by the signatures of the Mayor and the City Manager,
provided that those signatures may be printed, engraved, or lithographed facsimiles of the originals. If an
officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before
the delivery of a Bond, that signature or facsimile shall nevertheless be valid and sufficient for all purposes, the
same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond shall not
be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until
a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized
representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the
same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has
been authenticated and delivered under this resolution. When the Bonds have been so prepared, executed and
authenticated, the City Manager shall deliver the same to the Purchaser upon payment of the purchase price in
accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to
the application of the purchase price.
Section 3. Form of Bond.
3.01. Execution of the Bonds. The Bonds shall be printed or typewritten in substantially the form
attached hereto as EXHIBIT B.
3.02. Approving Legal Opinion. The City Manager is authorized and directed to obtain a copy of
the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, and cause
the opinion to be printed on or accompany each Bond.
Section 4. Bonds; Security; Covenants.
4.01. Debt Service Fund. The Bonds are payable from the General Obligation Refunding Bonds,
Series 2021B Debt Service Fund (the ÐDebt Service FundÑ) hereby created. The Debt Service Fund shall be
administered and maintained by the Finance Director as a bookkeeping account separate and apart from all
other funds maintained in the official financial records of the City. The Debt Service Fund will be maintained
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in the manner herein specified until all of the Refunded Bonds have been paid and until all of the Bonds and
the interest thereon have been fully paid. The City will maintain the following subaccounts in the Debt Service
Fund: the ÐImprovement Account,Ñ the ÐEquipment Account,Ñ the ÐCIP Account,Ñ and the ÐTIF Revenue
Account.Ñ Amounts in the Improvement Account are irrevocably pledged to the Series 2012A Improvement
Portion Refunding Bonds, the Series 2013A Improvement Portion Refunding Bonds, and the Series 2014A
Improvement Portion Refunding Bonds (collectively, the ÐImprovement Refunding BondsÑ). Amounts in
the Equipment Account are irrevocably pledged to the Series 2014A Equipment Portion Refunding Bonds (the
ÐEquipment Refunding BondsÑ). Amounts in the Capital Improvement Account are irrevocably pledged to the
Series 2013A Refunding 2004A CIP Portion Refunding Bonds, the Series 2013A CIP Portion Refunding
Bonds, and the Series 2014A CIP Portion Refunding Bonds (collectively, the ÐCIP Refunding BondsÑ).
Amounts in the TIF Revenue Account are irrevocably pledged to the Series 2014A TIF Portion Refunding
Bonds (the ÐTIF Refunding BondsÑ)
(a)Improvement Account. To the Improvement Account of the Debt Service Fund there
is hereby pledged and irrevocably appropriated and there will be credited: (i) following the
Redemption Date (as defined in Section 4.11 of this resolution), special assessments (the
ÐAssessmentsÑ) collected for the 2012 Improvements, the 2013 Improvements, and the 2014
Improvements (together, the ÐRefinanced ImprovementsÑ) pursuant to the resolutions authorizing
the issuance and sale of the Series 2012A Bonds, Series 2013A Bonds, and Series 2014A Bonds,
respectively (each, a ÐPrior ResolutionÑ); (ii) proceeds of ad valorem taxes hereinafter levied for
the payment of the Improvement Refunding Bonds and interest thereon; (iii) a pro rata portion of
amounts over the minimum purchase price of the Bonds paid by the Purchaser, to the extent designated
for deposit in the Debt Service Fund in accordance with Section 1.03 hereof; (iv) all investment
earnings on funds in the Improvement Account; and (v) any and all other moneys which are properly
available and are appropriated by the City Council to the Improvement Account. The amount of any
surplus remaining in the Improvement Account when the Improvement Refunding Bonds and interest
thereon are paid will be used as provided in Section 475.61, subdivision 4 of the Act.
(b)Equipment Account. To the Equipment Account of the Debt Service Fund there is
hereby pledged and irrevocably appropriated and there will be credited: (i) proceeds of ad valorem
taxes hereinafter levied for payment of the Equipment Refunding Bonds; (ii) a pro rata portion of
amounts over the minimum purchase price of the Bonds paid by the Purchaser, to the extent designated
for deposit in the Debt Service Fund in accordance with Section 1.03 hereof; (iii) all investment
earnings on funds in the Equipment Account; and (iv) any and all other moneys which are properly
available and are appropriated by the City Council to the Equipment Account. The amount of any
surplus remaining in the Equipment Account when the Equipment Refunding Bonds and interest
thereon are paid will be used as provided in Section 475.61, subdivision 4 of the Act.
(c)CIP Account. To the CIP Account of the Debt Service Fund there is hereby pledged
and irrevocably appropriated and there will be credited: (i) proceeds of ad valorem taxes hereinafter
levied for payment of the CIP Refunding Bonds; (ii) a pro rata portion of amounts over the minimum
purchase price of the Bonds paid by the Purchaser, to the extent designated for deposit in the Debt
Service Fund in accordance with Section 1.03 hereof; (iii) all investment earnings on funds in the CIP
Account; and (iv) any and all other moneys which are properly available and are appropriated by the
City Council to the CIP Account. The amount of any surplus remaining in the CIP Account when the
CIP Refunding Bonds and interest thereon are paid will be used as provided in Section 475.61,
subdivision 4 of the Act.
(d)TIF Revenue Account. To the TIF Revenue Account of the Debt Service Fund there
is hereby pledged and irrevocably appropriated and there will be credited: (i) after the Redemption
Date, the tax increment revenues derived from property in the TIF District (the ÐTax IncrementsÑ)
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pledged to the payment of portion of the Series 2014A Bonds that financed the 2014 TIF
Improvements pursuant to the pledge made in the resolution authorizing the issuance and sale of
the Series 2014A Bonds (the Ð2014A Prior ResolutionÑ); (ii) a pro rata portion of amounts over the
minimum purchase price of the Bonds paid by the Purchaser, to the extent designated for deposit in
the Debt Service Fund in accordance with Section 1.03 hereof; (iii) all investment earnings on funds
in the TIF Revenue Account; and (iv) any and all other moneys which are properly available and are
appropriated by the City Council to the TIF Revenue Account.
4.02. Redemption Fund. All proceeds of the Bonds along with funds on hand in the debt service
funds created for the Prior Bonds, less the appropriations made in Section 4.01 hereof and the costs of issuance
of the Bonds, will be deposited in a separate fund (the ÐRedemption FundÑ) to be used to redeem and prepay
the Refunded Bonds. Any balance remaining in the Redemption Fund after the redemption of the Refunded
Bonds shall be deposited in the accounts established in the Debt Service Fund on a pro rata basis.
4.03. Prior Debt Service Funds.
(a)Series 2012A Bonds. The accounts of the debt service fund heretofore established
for the Series 2012A Bonds pursuant to the resolution providing for the issuance and sale of the
Series 2012A Bonds shall be closed following the redemption of the Series 2012A Bonds (the
Ð2012A Prior ResolutionÑ), and all monies therein shall be transferred on a pro rata basis to the
Improvement Account of the Debt Service Fund herein created.
(b)Series 2013A Bonds. The accounts of the debt service fund heretofore established
for the Series 2013A Bonds pursuant to the resolution providing for the issuance and sale of the
Series 2013A Bonds shall be closed following the redemption of the Series 2013A Bonds (the
Ð2013A Prior ResolutionÑ), and all monies therein shall be transferred on a pro rata basis to the
Improvement Account and the CIP Account of the Debt Service Fund herein created.
(c)Series 2014A Bonds. The accounts of the debt service fund heretofore established
for the Series 2014A Bonds pursuant to the 2014A Prior Resolution, and all monies therein shall
be transferred on a pro rata basis to the Improvement Account, the Equipment Account, the CIP
Account and the TIF Revenue Account of the Debt Service Fund herein created.
4.04. Prior Resolution Pledges. The pledges and covenants of the City made by the 2012A Prior
Resolution, the 2013A Prior Resolution, and the 2014A Prior Resolution (collectively, the ÐPrior
ResolutionsÑ) relating to the improvements financed and refinanced with the proceeds of the Refunded
Bonds, the levy and collection of special assessments against property benefited by the improvements, and
the pledge of tax increment revenues, are restated and confirmed in all respects. The provisions of the Prior
Resolutions are hereby supplemented to the extent necessary to give full effect to the provisions hereof.
4.05. General Obligation Pledge. For the prompt and full payment of the principal and interest on
the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City will be and
are hereby irrevocably pledged. If the balance in the Debt Service Fund is ever insufficient to pay all principal
and interest then due on the Bonds and any other bonds payable therefrom, the deficiency will be promptly
paid out of monies in the general fund of the City which are available for such purpose, and such general fund
may be reimbursed with or without interest from the Debt Service Fund when a sufficient balance is available
therein.
4.06. Pledge of Tax Levy; Improvement Refunding Bonds. For the purpose of paying a portion
of the principal of and interest on the Improvement Refunding Bonds, there is levied a direct annual
irrepealable ad valorem tax upon all of the taxable property in the City, which will be spread upon the tax
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rolls and collected with and as part of other general taxes of the City. The taxes will be credited to the
Improvement Account of the Debt Service Fund above provided and will be in the years and amounts as
set forth in EXHIBIT C attached hereto.
4.07. Pledge of Tax Levy; Equipment Refunding Bonds. For the purpose of paying the principal
of and interest on the Equipment Refunding Bonds, there is levied a direct annual irrepealable ad valorem
tax upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with
and as part of other general taxes of the City. The taxes will be credited to the Equipment Account of the
Debt Service Fund above provided and will be in the years and amounts as set forth in EXHIBIT C attached
hereto.
4.08. Pledge of Tax Levy; CIP Refunding Bonds. For the purpose of paying the principal of and
interest on the CIP Refunding Bonds, there is levied a direct annual irrepealable ad valorem tax upon all of
the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of
other general taxes of the City. The taxes will be credited to the Capital Improvement Account of the Debt
Service Fund above provided and will be in the years and amounts as set forth in EXHIBIT C attached
hereto.
4.09 Pledge of Tax Increments. It is determined that the collection of Tax Increment for payment
of principal and interest on the TIF Refunding Bonds herein pledged will produce at least five percent in excess
of the amount needed to meet, when due, the principal and interest payments on the TIF Refunding Bonds and
that no tax levy is needed at this time, with regard to the TIF Refunding Bonds.
4.10. Certification to the Director of Property Records and Revenue as to Debt Service Fund
Amount. It is hereby determined that the estimated collections of the foregoing ad valorem taxes levied,
special assessments, the Tax Increments will produce at least five percent (5%) in excess of the amount
needed to meet when due the principal and interest payments on the Bonds. The tax levy herein provided
is irrepealable until all of the Bonds are paid, provided that at the time the City makes its annual tax levies
the City Manager may certify to the Director of Property Records and Revenue for Ramsey County,
Minnesota (the ÐCounty AuditorÑ), the amount available in the Debt Service Fund to pay principal and
interest due during the ensuing year, and the County Auditor will thereupon reduce the levy collectible
during such year by the amount so certified.
4.11. Cancellation of Prior Levies after Redemption Date. Following the payment in full of all
outstanding principal of and interest on the Prior Bonds on February 1, 2022 (the ÐRedemption DateÑ), the City
Manager is hereby directed to certify such fact to and request the County Auditor to cancel any and all tax
levies made for the Prior Bonds.
4.12. Filing of Resolution. The City Manager is authorized and directed to file a certified copy of
this resolution with the County Auditor and to obtain from the County Auditor the certificate required by
Section 475.63 of the Act.
Section 5. Refunding; Findings; Redemption of Prior Bonds.
5.01. Purpose of Refunding. On the Redemption Date, the Refunded Bonds will be called for
redemption in the principal amount of $8,655,000. It is hereby found and determined that based upon
information presently available from the Municipal Advisor, the issuance of the Bonds, a portion of which
will be used to redeem and prepay the Refunded Bonds, is consistent with covenants made with the holders
of the Prior Bonds and is necessary and desirable for the reduction of debt service costs to the City.
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5.02. Application of Proceeds of Bonds. It is hereby found and determined that the proceeds of
the Bonds deposited in the Redemption Fund, along with any other funds on hand in the debt service funds
established for the Prior Bonds, will be sufficient to prepay all of the principal of, interest on, and
redemption premium (if any) on the Refunded Bonds.
5.03. Notices of Call for Redemption. The Refunded Bonds will be redeemed and prepaid on the
Redemption Date in accordance with their terms and in accordance with the terms and conditions set forth in
the forms of Notice of Call for Redemption attached hereto as EXHIBITS D-1, D-2, and D-3, respectively,
which terms and conditions are hereby approved and incorporated herein by reference. The registrars for the
Prior Bonds are authorized and directed to send a copy of the respective Notice of Call for Redemption to each
registered holder of each of the Refunded Bonds at least thirty (30) days prior to the Redemption Date.
Section 6. Authentication of Transcript.
6.01. City Proceedings and Records. The officers of the City are authorized and directed to prepare
and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and
records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other
certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown
by the books and records in their custody and under their control, relating to the validity and marketability of
the Bonds, and such instruments, including any heretofore furnished, may be deemed representations of the
City as to the facts stated therein.
6.02. Certification as to Official Statement. The Mayor and the City Manager are hereby authorized
and directed to certify that they have examined the Official Statement prepared and circulated in connection
with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement
is a complete and accurate representation of the facts and representations made therein as of the date of the
Official Statement.
6.03. Other Certificates. The Mayor, the City Manager and the Finance Director are hereby
authorized and directed to furnish to the Purchaser at the closing such certificates as are required as a
condition of sale. Unless litigation shall have been commenced and be pending questioning the Bonds or
the organization of the City or incumbency of its officers, at the closing the Mayor and City Manager shall
also execute and deliver to the Purchaser a suitable certificate as to absence of material litigation, and the
Finance Director shall also execute and deliver a certificate as to payment for and delivery of the Bonds.
6.04. Electronic Signatures. The electronic signature of the Mayor, the City Manager, and the
Finance Director to this resolution and/or to any certificate authorized to be executed hereunder shall be as
valid as an original signature of such party and shall be effective to bind the City thereto. For purposes
hereof, (i) Ðelectronic signatureÑ means a manually signed original signature that is then transmitted by
electronic means; and (ii) Ðtransmitted by electronic meansÑ means sent in the form of a facsimile or sent
via the internet as a portable document format (ÐpdfÑ) or other replicating image attached to an electronic
mail or internet message.
Section 7. Tax Covenants.
7.01. Tax-Exempt Bonds. The City covenants and agrees with the holders from time to time of the
Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which
would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986,
as amended (the ÐCodeÑ), and the Treasury Regulations promulgated thereunder, in effect at the time of such
actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its
power that may be necessary to ensure that such interest will not become subject to taxation under the Code
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and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the
Bonds.
7.02. Rebate. The City will comply with requirements necessary under the Code to establish and
maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code,
including without limitation requirements relating to temporary periods for investments, limitations on
amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings
to the United States (unless the City qualifies for an exemption from rebate requirements based on timely
expenditure of proceeds of the Bonds, in accordance with the Code and applicable Treasury Regulations).
7.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds
or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be Ðprivate
activity bondsÑ within the meaning of Sections 103 and 141 through 150 of the Code.
7.04. Qualified Tax-Exempt Obligations. In order to qualify the Bonds as Ðqualified tax-exempt
obligationsÑ within the meaning of Section 265(b)(3) of the Code, the City makes the following factual
statements and representations:
(a)the Bonds are not Ðprivate activity bondsÑ as defined in Section 141 of the Code;
(b)the Prior Bonds were previously designated as Ðqualified tax-exempt obligationsÑ
for purposes of Section 265(b)(3) of the Code, the average maturity of the Bonds is not longer than
the average maturity of the Prior Bonds, and the Bonds mature not later than 30 years after the date
the Prior Bonds were issued and therefore the Bonds issued to refund the outstanding principal
amount of the Prior Bonds are deemed designated as Ðqualified tax-exempt obligationsÑ for
purposes of Section 265(b)(3) of the Code;
(c)the City designates the portion of the Bonds exceeding the outstanding aggregate
principal amount of the Prior Bonds (i.e., $8,655,000), if any, as Ðqualified tax-exempt obligationsÑ
for purposes of Section 265(b)(3) of the Code;
(d)the reasonably anticipated amount of tax-exempt obligations (other than private
activity bonds that are not qualified 501(c)(3) bonds and other bonds described under Section
265(b)(3)(C)(ii)) of the Code) which will be issued by the City (and all subordinate entities of the
City) during calendar year 2021 will not exceed $10,000,000; and
(e)not more than $10,000,000 of obligations issued by the City during calendar year
2021 have been designated for purposes of Section 265(b)(3) of the Code.
(f)the aggregate face amount of the issue of the Bonds is not greater than
$10,000,000.
7.05. Procedural Requirements. The City will use its best efforts to comply with any federal
procedural requirements which may apply in order to effectuate the designations made by this section.
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Section 8. Book-Entry System; Limited Obligation of City.
8.01. The Depository Trust Company. The Bonds will be initially issued in the form of a separate
single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.04 hereof.
Upon initial issuance, the ownership of each such Bond will be registered in the registration books kept by the
Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York,
and its successors and assigns (ÐDTCÑ). Except as provided in this section, all of the outstanding Bonds will
be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC.
8.02. Participants. With respect to Bonds registered in the registration books kept by the Registrar
in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no
responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for
which DTC holds Bonds as securities depository (the ÐParticipantsÑ) or to any other person on behalf of which
a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with
respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership
interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of
Bonds, as shown by the registration books kept by the Registrar), of any notice with respect to the Bonds,
including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a
registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds.
The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is
registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the
purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering
transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of,
premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown
in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy
and discharge the CityÓs obligations with respect to payment of principal of, premium, if any, or interest on the
Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown
in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this
resolution. Upon delivery by DTC to the City Manager of a written notice to the effect that DTC has determined
to substitute a new nominee in place of Cede & Co., the words ÐCede & Co.Ñ will refer to such new nominee
of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy of the same to the
Registrar and Paying Agent.
8.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket
Issuer Letter of Representations (the ÐRepresentation LetterÑ) which shall govern payment of principal of,
premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or
Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary
for all representations of the City in the Representation Letter with respect to the Registrar and Paying Agent,
respectively, to be complied with at all times.
8.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council,
determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able
to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the
availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond
certificates as requested by DTC and any other registered owners in accordance with the provisions of this
resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by
giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such
event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate
Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer,
exchange, and method of payment thereof.
Council Packet Page Number 196 of 300
I1, Attachment 1
8.05. Payments to Cede & Co. Notwithstanding any other provision of this resolution to the
contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect
to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made
and given, respectively in the manner provided in DTCÓs Operational Arrangements, as set forth in the
Representation Letter.
Section 9. Continuing Disclosure.
9.01. Execution of Continuing Disclosure Certificate. ÐContinuing Disclosure CertificateÑ
means that certain Continuing Disclosure Certificate executed by the Mayor and City Manager and dated
the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time
to time in accordance with the terms thereof.
9.02. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby
covenants and agrees that it will comply with and carry out all of the provisions of the Continuing
Disclosure Certificate. Notwithstanding any other provision of this resolution, failure of the City to comply
with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the
Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including
seeking mandate or specific performance by court order, to cause the City to comply with its obligations
under this section.
Section 10. Defeasance. When all Bonds and all interest thereon have been discharged as
provided in this section, all pledges, covenants, and other rights granted by this resolution to the holders of the
Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment
of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all
Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for
the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by
depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date
of such deposit.
(The remainder of this page is intentionally left blank.)
Council Packet Page Number 197 of 300
I1, Attachment 1
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
_____________, and upon vote being taken thereon the following members voted in favor of the motion:
and the following voted against:
whereupon the resolution was declared duly passed and adopted.
Council Packet Page Number 198 of 300
I1, Attachment 1
EXHIBIT A
PROPOSALS
A1
Council Packet Page Number 199 of 300
I1, Attachment 1
EXHIBIT B
FORM OF BOND
No. R-____ UNITED STATES OF AMERICA $__________
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
GENERAL OBLIGATION REFUNDING BOND
SERIES 2021B
Date of
Rate Maturity Original Issue CUSIP
___% February 1, 20__ November 18, 2021
Registered Owner: Cede & Co.
The City of Maplewood, Minnesota, a duly organized and existing municipal corporation in Ramsey
County, Minnesota (the ÐCityÑ), acknowledges itself to be indebted and for value received promises to pay to
the Registered Owner specified above or registered assigns, the principal sum of $__________ on the maturity
date specified above, with interest thereon from the date hereof at the annual rate specified above, payable
February 1 and August 1 in each year, commencing August 1, 2022, to the person in whose name this Bond is
registered at the close of business on the fifteenth day (whether or not a business day) of the immediately
preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are
payable in lawful money of the United States of America by check or draft by Bond Trust Services Corporation,
Roseville, Minnesota as Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated
successor under the Resolution described herein. For the prompt and full payment of such principal and interest
as the same respectively become due, the full faith and credit and taxing powers of the City have been and are
hereby irrevocably pledged.
The City may elect on February 1, 2030, and on any day thereafter to prepay Bonds due on or after
February 1, 2031. Redemption may be in whole or in part and if in part, at the option of the City and in such
manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will
notify The Depository Trust Company (ÐDTCÑ) of the particular amount of such maturity to be prepaid. DTC
will determine by lot the amount of each participantÓs interest in such maturity to be redeemed and each
participant will then select by lot the beneficial ownership interests in such maturity to be redeemed.
Prepayments will be at a price of par plus accrued interest.
\[IN THE CASE OF TERM BONDS--- The Bond maturing on February 1, ____ and February 1, _____ shall
hereinafter be referred to as the ÐTerm Bonds.Ñ The principal amount of the Term Bonds subject to mandatory
sinking fund redemption on any date may be reduced through earlier optional redemptions, with any partial
redemptions of the Term Bonds credited against future mandatory sinking fund redemption of such Term Bond
in such order as the City shall determine. The Term Bonds are subject to mandatory sinking fund redemption
and shall be redeemed in part at par plus accrued interest on February 1 of the following years and in the
principal amounts as follows:\]
B1
Council Packet Page Number 200 of 300
I1, Attachment 1
Sinking Fund Installment Date
February 1, ___Term Bond Principal Amount
____$
____
____*
February 1, ___Term Bond
Principal Amount
____$
____
____*
____________________
*Maturity
This Bond is one of an issue in the aggregate principal amount of $__________ all of like original
issue date and tenor, except as to number, maturity date, and interest rate, all issued pursuant to a resolution
adopted by the City Council on October 25, 2021 (the ÐResolutionÑ), for the purpose of providing money to
redeem and prepay on February 1, 2022 (the ÐRedemption DateÑ) certain general obligation bonds of the City,
pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including
Minnesota Statutes, Section 412.301 and Minnesota Statutes, Chapters 429, 444, and 475, including
specifically Section 475.67, subdivision 3, all as amended. The principal hereof and interest hereon are
payable in part from special assessments, in part from tax increment revenues, and in part from ad valorem
taxes, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby
conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City
Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event
of any deficiency in ad valorem taxes, special assessments, and tax increment revenues of the City pledged,
which additional taxes may be levied without limitation as to rate or amount. The Bonds of this series are
issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single
maturities.
The City Council has designated the issue of Bonds of which this Bond forms a part as Ðqualified
tax-exempt obligationsÑ within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as
amended (the ÐCodeÑ) relating to disallowance of interest expense for financial institutions and within the $10
million limit allowed by the Code for the calendar year of issue.
As provided in the Resolution and subject to certain limitations set forth therein, this Bond is
transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof
in person or by the ownerÓs attorney duly authorized in writing, upon surrender hereof together with a written
instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the ownerÓs
attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such
transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or
registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the
same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect
to such transfer or exchange.
The City and the Registrar may deem and treat the person in whose name this Bond is registered as the
absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all
other purposes, and neither the City nor the Registrar will be affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions
and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and
B2
Council Packet Page Number 201 of 300
I1, Attachment 1
to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general
obligation of the City in accordance with its terms, have been done, do exist, have happened and have been
performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to
exceed any constitutional, or statutory limitation of indebtedness.
This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the
Resolution until the Certificate of Authentication hereon has been executed by the Registrar by manual
signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City Council,
has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City
Manager and has caused this Bond to be dated as of the date set forth below.
Dated: November 18, 2021
CITY OF MAPLEWOOD, MINNESOTA
(Facsimile)(Facsimile)
MayorCity Manager
______________________________________
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
BOND TRUST SERVICES CORPORATION
By
Its Authorized Representative
______________________________________
ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of this Bond, will be
construed as though they were written out in full according to applicable laws or regulations:
B3
Council Packet Page Number 202 of 300
I1, Attachment 1
TEN COM -- as tenants in common UNIF GIFT MIN ACT
_________ Custodian _________
(Cust) (Minor)
TEN ENT -- as tenants by entireties under Uniform Gifts or Transfers to Minors
Act, State of _______________
JT TEN -- as joint tenants with right of
survivorship and not as tenants in common
Additional abbreviations may also be used though not in the above list.
______________________________________
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
________________________________________ the within Bond and all rights thereunder, and does hereby
irrevocably constitute and appoint _______________ attorney to transfer the said Bond on the books kept for
registration of the within Bond, with full power of substitution in the premises.
Dated:
Notice: The assignorÓs signature to this assignment must correspond with the name as it
appears upon the face of the within Bond in every particular, without alteration or any
change whatever.
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer
Agent Medallion Program (ÐSTAMPÑ), the Stock Exchange Medallion Program (ÐSEMPÑ), the New York
Stock Exchange, Inc. Medallion Signatures Program (ÐMSPÑ) or other such Ðsignature guarantee programÑ as
may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in
accordance with the Securities Exchange Act of 1934, as amended.
The Registrar will not effect transfer of this Bond unless the information concerning the assignee
requested below is provided.
Name and Address:
(Include information for all joint owners if this Bond is
held by joint account.)
B4
Council Packet Page Number 203 of 300
I1, Attachment 1
Please insert social security or other identifying
number of assignee
______________________________________
PROVISIONS AS TO REGISTRATION
The ownership of the principal of and interest on the within Bond has been registered on the books of
the Registrar in the name of the person last noted below.
Signature of
Date of Registration Registered Owner Officer of Registrar
Cede & Co.
Federal ID #13-2555119
B5
Council Packet Page Number 204 of 300
I1, Attachment 1
Council Packet Page Number 205 of 300
I1, Attachment 1
EXHIBIT D-1
NOTICE OF CALL FOR REDEMPTION FOR
SERIES 2012A BONDS
$5,780,000
CITY OF MAPLEWOOD, MINNESOTA
GENERAL OBLIGATION BONDS
SERIES 2012A
NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Maplewood, Ramsey
County, Minnesota (the ÐCityÑ), there have been called for redemption and prepayment on
February 1, 2022
all outstanding bonds of the City designated as General Obligation Bonds, Series 2012A, dated July 1, 2012,
having stated maturity dates of February 1 in the years 2024 through 2028, both inclusive, totaling $945,000 in
principal amount, and with the following CUSIP numbers:
Year of Maturity Amount CUSIP Number
2024*$300,000 565557 QK4
2026*315,000 565557 QM0
2028*330,000 565557 QP3
______________________________
* Term Bond
The bonds are being called at a price of par plus accrued interest to February 1, 2022, on which
date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are
requested to present their bonds for payment at the main office of U.S. Bank National Association, Saint
Paul, Minnesota, at the following address, on or before February 1, 2022:
If by mail:
If by hand or overnight:
U.S. Bank National Association U.S. Bank National Association
rd
Corporate Trust Operations, 3 Floor 60 Livingston Avenue
P.O. Box 64111 EP-MN-WS3C
st
St. Paul, MN 55164-0111 Bond Drop Window, 1 Floor
St. Paul, MN 55107
Important Notice: In compliance with the Jobs and Growth Tax Relief Reconciliation Act of 2003,
the Trustee is required to withhold a specified percentage of the principal amount of the redemption price
payable to the holder of any bonds subject to redemption and prepayment on the redemption date, unless
the Trustee is provided with the Social Security Number or Federal Employer Identification Number of the
holder, properly certified. Submission of a fully executed Request for Taxpayer Identification Number and
Certification, Form W-9 (Rev. December 2011), will satisfy the requirements of this paragraph.
(The remainder of this page is intentionally left blank.)
Dated: _____________, 2021. BY ORDER OF THE CITY COUNCIL
Error! Unknown document property name.
D11
Council Packet Page Number 206 of 300
I1, Attachment 1
By /s/ Melinda Coleman
City Manager
City of Maplewood, Minnesota
Error! Unknown document property name.
D12
Council Packet Page Number 207 of 300
I1, Attachment 1
EXHIBIT D-2
NOTICE OF CALL FOR REDEMPTION FOR
SERIES 2013A BONDS
$6,180,000
CITY OF MAPLEWOOD, MINNESOTA
GENERAL OBLIGATION BONDS
SERIES 2013A
NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Maplewood, Ramsey
County, Minnesota (the ÐCityÑ), there have been called for redemption and prepayment on
February 1, 2022
all outstanding bonds of the City designated as General Obligation Bonds, Series 2013A, dated July 18, 2013,
having stated maturity dates of February 1 in the years 2023 through 2031, both inclusive, totaling $2,810,000
in principal amount, and with the following CUSIP numbers:
Year of Maturity Amount CUSIP Number
2023$340,000 565557 RH0
2024345,000 565557 RJ6
2025310,000 565557 RK3
2026315,000 565557 RL1
2027325,000 565557 RM9
2029*690,000 565557 RP2
2031*485,000 565557 RR8
______________________________
*Term Bonds
The bonds are being called at a price of par plus accrued interest to February 1, 2022, on which
date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are
requested to present their bonds for payment at the main office of U.S. Bank National Association, Saint
Paul, Minnesota, at the following address, on or before February 1, 2022:
If by mail: If by hand or overnight:
U.S. Bank National Association U.S. Bank National Association
rd
Corporate Trust Operations, 3 Floor 60 Livingston Avenue
P.O. Box 64111 EP-MN-WS3C
st
St. Paul, MN 55164-0111 Bond Drop Window, 1 Floor
St. Paul, MN 55107
Important Notice: In compliance with the Jobs and Growth Tax Relief Reconciliation Act of 2003,
the Trustee is required to withhold a specified percentage of the principal amount of the redemption price
payable to the holder of any bonds subject to redemption and prepayment on the redemption date, unless
the Trustee is provided with the Social Security Number or Federal Employer Identification Number of the
holder, properly certified. Submission of a fully executed Request for Taxpayer Identification Number and
Certification, Form W-9 (Rev. December 2011), will satisfy the requirements of this paragraph.
D21
Council Packet Page Number 208 of 300
I1, Attachment 1
Dated: _____________, 2021. BY ORDER OF THE CITY COUNCIL
By /s/ Melinda Coleman
City Manager
City of Maplewood, Minnesota
D22
Council Packet Page Number 209 of 300
I1, Attachment 1
EXHIBIT D-3
NOTICE OF CALL FOR REDEMPTION FOR
SERIES 2014A BONDS
$7,745,000
CITY OF MAPLEWOOD, MINNESOTA
GENERAL OBLIGATION BONDS
SERIES 2014A
NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Maplewood, Ramsey
County, Minnesota (the ÐCityÑ), there have been called for redemption and prepayment on
February 1, 2022
all outstanding bonds of the City designated as General Obligation Bonds, Series 2014A, dated August 1, 2014,
having stated maturity dates of February 1 in the years 2023 through 2035, both inclusive, totaling $4,900,000
in principal amount, and with the following CUSIP numbers:
Year of Maturity Amount CUSIP Number
2023$500,000 565557 SM8
2024520,000 565557 SN6
2025465,000 565557 SP1
2026475,000 565557 SQ9
2027490,000 565557 SR7
2028510,000 565557 SS5
2029520,000 565557 ST3
2030540,000 565557 SU0
2032*335,000 565557 SW6
2035*545,000 565557 SZ9
______________________________
*Term Bonds
The bonds are being called at a price of par plus accrued interest to February 1, 2022, on which
date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are
requested to present their bonds for payment at the main office of U.S. Bank National Association, Saint
Paul, Minnesota, at the following address, on or before February 1, 2022:
If by mail: If by hand or overnight:
U.S. Bank National Association U.S. Bank National Association
rd
Corporate Trust Operations, 3 Floor 60 Livingston Avenue
P.O. Box 64111 EP-MN-WS3C
st
St. Paul, MN 55164-0111 Bond Drop Window, 1 Floor
St. Paul, MN 55107
Important Notice: In compliance with the Jobs and Growth Tax Relief Reconciliation Act of 2003,
the Trustee is required to withhold a specified percentage of the principal amount of the redemption price
payable to the holder of any bonds subject to redemption and prepayment on the redemption date, unless
the Trustee is provided with the Social Security Number or Federal Employer Identification Number of the
D31
Council Packet Page Number 210 of 300
I1, Attachment 1
holder, properly certified. Submission of a fully executed Request for Taxpayer Identification Number and
Certification, Form W-9 (Rev. December 2011), will satisfy the requirements of this paragraph.
Dated: _____________, 2021. BY ORDER OF THE CITY COUNCIL
By /s/ Melinda Coleman
City Manager
City of Maplewood, Minnesota
D32
Council Packet Page Number 211 of 300
I1, Attachment 1
STATE OF MINNESOTA )
)
COUNTY OF RAMSEY ) SS.
)
CITY OF MAPLEWOOD )
I, the undersigned, being the duly qualified and acting City Clerk of the City of Maplewood, Minnesota
(the ÐCityÑ), do hereby certify that I have carefully compared the attached and foregoing extract of minutes of
a regular meeting of the City Council of the City held on October 25, 2021, with the original minutes on file in
my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and
sale of the CityÓs General Obligation Refunding Bonds, Series 2021B, in the original aggregate principal
amount of $__________.
WITNESS My hand officially as such City Manager and the corporate seal of the City this ____ day
of _____________, 2021.
City Clerk
City of Maplewood, Minnesota
(SEAL)
D33
Council Packet Page Number 212 of 300
I1, Attachment 1
CERTIFICATE OF DIRECTOR OF
STATE OF MINNESOTA
PROPERTY RECORDS AND REVENUE
COUNTY OF RAMSEY AS TO TAX LEVY AND REGISTRATION
I, the undersigned Director of Property Records and Revenue of Ramsey County, Minnesota,
hereby certify that a certified copy of a resolution adopted by the governing body of the City of Maplewood,
Minnesota (the ÐCityÑ), on October 25, 2021, levying taxes for the payment of the CityÓs General Obligation
Refunding Bonds, Series 2021B, issued in the original aggregate principal amount of $__________, dated
November 18, 2021, has been filed in my office and said bonds have been entered on the register of
obligations in my office and that such tax has been levied as required by law.
WITNESS My hand and official seal this _____ day of __________, 2021.
Director of Property Records and Revenue
Ramsey County, Minnesota
(SEAL)
Deputy
D34
Council Packet Page Number 213 of 300
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
* Term Bonds
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
* Term Bonds
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
* Term Bonds
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
* Term Bonds
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
* Maturity
* Maturity
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
* Maturity
* Maturity
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
Term Bond
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
Term Bonds
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
Term Bonds
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: I1, Attachment 1 – Revised
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item I1, Additional Attachment
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For the permanent record:
Meeting Date: 10/25/2021
Agenda Item I1, Additional Attachment
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XXX/TUBOEBSEBOEQPPST/DPN0SBUJOHTEJSFDU PDUPCFS!31-!3132!!!3
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item I1, Additional Attachment
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XXX/TUBOEBSEBOEQPPST/DPN0SBUJOHTEJSFDU PDUPCFS!31-!3132!!!4
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item I1, Additional Attachment
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XXX/TUBOEBSEBOEQPPST/DPN0SBUJOHTEJSFDU PDUPCFS!31-!3132!!!5
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item I1, Additional Attachment
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XXX/TUBOEBSEBOEQPPST/DPN0SBUJOHTEJSFDU PDUPCFS!31-!3132!!!6
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item I1, Additional Attachment
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XXX/TUBOEBSEBOEQPPST/DPN0SBUJOHTEJSFDU PDUPCFS!31-!3132!!!7
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item I1, Additional Attachment
Tvnnbsz;!Nbqmfxppe-!Njooftpub<!Hfofsbm!Pcmjhbujpo
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For the permanent record:
Meeting Date: 10/25/2021
Agenda Item I1, Additional Attachment
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For the permanent record:
Meeting Date: 10/25/2021
Agenda Item I1, Additional Attachment 2
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item I1, Additional Attachment 2
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item I1, Additional Attachment 2
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item I1, Additional Attachment 2
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item I1, Additional Attachment 2
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item I1, Additional Attachment 2
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item I1, Additional Attachment 2
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item I1, Additional Attachment 2
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item I1, Additional Attachment 2
I2
Council Packet Page Number 214 of 300
I2
Council Packet Page Number 215 of 300
I2, Attachment 1
Council Packet Page Number 216 of 300
I2, Attachment 2
Council Packet Page Number 217 of 300
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Council Packet Page Number 218 of 300
J1
CITY COUNCIL STAFF REPORT
Meeting Date October 25, 2021
Melinda Coleman, City Manager
REPORT TO:
REPORT FROM: Bran Bierdeman, Public Safety Director
PRESENTER: Brian Bierdeman, Public Safety Director
John McCullough, Diversion Solutions
Retail Theft Diversion Program Contract
AGENDA ITEM:
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution OrdinanceContract/Agreement Proclamation
Policy Issue:
A Retail Theft Diversion Program has shown to be effective with all types of retailers and the Police
Department would like to utilize this alternative program by entering into a contract with Diversion
Solutions.
Recommended Action:
Motion to approve the Retail Theft Diversion Program Contract.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: n/a
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
City council approval is required to sign the agreement.
Background:
The retail theft diversion program focuses on community outreach and restorative justice. It allows
the Police Department in collaboration with Diversion Solutions, private businesses and the City
AttorneyÓs Office to offer first time misdemeanor theft offenders a second chance. Historically, if an
offender is caught for a misdemeanor theft and issued a citation, they are fully introduced into the
criminal justice system and have a permanent theft conviction on their criminal history. A theft
conviction can be life altering, and prevent someone from getting a job, renting a residence and
being accepted into a certificate program, college or university. The program is voluntary on behalf
of the business and victim. It provides accountability for the offender, education for the offender
Council Packet Page Number 219 of 300
J1
and restitution to the victim. The overall goal of the program is to change criminal behavior and
prevent adults from spiraling into the criminal justice system. There is no cost to the City of
Maplewood. The offenders pays a one-time fee of $75.00 to Diversion Solutions. If the offender
does not complete the diversion, they are formally charged with theft by the City AttorneyÓs Office.
Attachments:
1. Diversion Solutions Scale Program Contract
2. Retail Theft Diversion Program (RTDP) Power Point Presentation
Council Packet Page Number 220 of 300
J1, Attachment 1
DIVERSION SOLUTIONS SCALE PROGRAM CONTRACT
This Contract (ÐContractÑ) is made and entered by and between the city of Maplewood, a
municipal corporation under the laws of Minnesota (the ÐCityÑ), located at 1830 Co. Rd. B East,
Maplewood, Minnesota, 55109 and Diversion Solutions, SBC, a _______________________,
th
(ÐDiversion SolutionsÑ) located at 400 South 4 St. Suite 808M, Minneapolis, Minnesota 55415.
l.Purpose - The purpose of this Contract shall be to implement a Diversion Solutions SCALE
Program ÐRetail Theft ProgramÑ.
2.Contract Term - This Contract is effective on the date it is executed by both parties and
will remain in effect unless terminated pursuant to the termination provisions in Section 10
or by operation of law.
3.Definitions:
A.Participant - An individual who has enrolled voluntarily or has been ordered by
the City Attorney to complete the program.
B.Restitution Recovery - Fines, classes, restitution, reinstatement, and supervision
fees.
C.Education Class Fees - The fee associated with the program classes the Participant
attends as part of their requirement(s).
D.City Attorney Î The CityÓs attorney responsible for the prosecution of criminal
offenses.
4.City Duties -The City Attorney is the agent of the City for the purposes of this Contract.
The City Attorney will provide the following services during the term of this Contract to
assist in the implementation of the Program:
A.Designated staff from the office of the City Attorney (hereinafter collectively
referred to as ÐDesigneesÑ) will assist Diversion Solutions in organizing and
implementing the program with courts and City personnel.
B.Designees will conduct, as needed, meetings with designated Diversion Solutions
staff to provide procedural guidance, evaluate program performance, and provide
support and direction.
C.The City Attorney will implement internal diversion policies to facilitate the
purpose of this Contract and its obligations herein.
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J1, Attachment 1
5. Diversion Solutions Duties - Diversion Solutions will provide the following services
during the term of this Contract in a timely and efficient manner.
A. Perform daily operations and management of all clerical and accounting functions
related to the individual Participant file.
B. Make reasonable efforts to collect and disburse restitution payments, fines,
administrative fees, and Diversion Solutions Education Class Fees.
C. Provide necessary correspondence and follow-up telephone inquiries to
Participants.
D. Properly maintain all physical files, financial records, documentation, reports,
computer files, etc. for a period of no more than six (6) years.
E. Conduct classes designed to teach and provide meaningful information and lessons
to Participants on criminal consequences.
F. Schedule all classes and notify Participants of class dates and times.
G. Maintain records of eligible Participants, payment of fees, and records of
attendance of Participants completing, as well as failing.
H. Provide reports for the City Attorney as jointly designed by the parties.
I. Report to the City Attorney the final disposition of the Participants within 30 days
or less of completing the diversion program.
J. Collect fees from Participants pursuant to paragraph 6.
6. Program Operational Fees-
The Fees charged to Participants will be as follows:
Retail Theft Class $75.00
Restitution as determined by the City Attorney
See attachment A for additional fees
7. Non-Compete - During the term of this Contract, the City shall not establish a competing
program or any other similar program that diverts individuals who would otherwise be
Participants in the program, unless required by law or court order to establish such
program.
8. City has no Financial Liability - It is understood and agreed by and between the parties
that Diversion Solutions will bear all financial liability for all aspects of its operations
under this Contract.
9. Termination
9.1 TERMINATION WITHOUT CAUSE. The City upon thirty (30) days written notice to
Diversion Solutions may terminate this Contract without cause.
9.2 TERMINATION FOR CAUSE. In addition to other specifically stated terms of this
Contract or as otherwise provided by law, the following conditions, unless excused shall
warrant termination of this Contract for cause:
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J1, Attachment 1
A. Making material misrepresentations either in the attached exhibits and documents
or in any other material provision or condition relied upon in the making of this
Contract.
B.Failure to provide services or payment called for by this Contract within the time
specified herein or any extension thereof.
C. Failure to perform any other material provision of this Contract.
D.Failure to diligently administer the work so as to endanger performance of the
terms of this Contract.
9.3 NOTICE. Either party may terminate this Contract for cause by giving seven (7) days
written notice of its intent to terminate to the other party unless a different procedure and/or
effective date is provided within the specific article or paragraph of this Contract under
which the default, failure or termination occurs. Said notice shall specify the circumstances
warranting termination of the Contract. The terminating party has the option, but is not
required, to provide the other party an opportunity to cure the specified default. If an
opportunity to cure is provided, it shall be specifically described in the notice of
termination.
9.4 DELIVERY OF NOTICE/EFFECTIVE DATE. Notice of termination for cause or
without cause shall be made by certified mail or personal delivery to the authorized agent
of the other party as found in paragraph 19.
9.5 DUTIES OF DIVERSION SOLUTIONS UPON TERMINATION WITH CAUSE OR
WITHOUT CAUSE. Upon delivery of the Notice of Termination, and except as otherwise
provided, Diversion Solutions shall:
A. Discontinue provision of services under this Contract on the date and to the extent
specified in the Notice of Termination.
B.Immediately notify all Participants who are receiving services pursuant to this
Contract.
C.Cancel all future classes that relate to the performance of services cancelled by the
Notice of Termination.
D.Complete performance of such services as shall not have been cancelled by the
Notice of Termination.
E. Return all City property in its possession within seven (7) days to the extent that
it relates to the performance of services cancelled by the Notice of Termination.
F.Maintain all records relating to the performance of the Contract as may be required
by the City or State law.
9.6 DUTIES OF CITY UPON TERMINATION OF THE CONTRACT FOR CAUSE OR
WITHOUT CAUSE. Upon delivery of the Notice of Termination, and except as otherwise
provided, the City shall not be liable for any services provided after notice of termination,
except as stated above or as authorized by the City in writing.
9.7 EFFECT OF TERMINATION FOR CAUSE OR WITHOUT CAUSE. Termination of
this Contract shall not discharge any liability, responsibility or right of any party that arises
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MA745-5-755061.v2
Council Packet Page Number 223 of 300
J1, Attachment 1
from the performance of or failure to adequately perform the terms of this Contract prior
to the effective date of termination.
10. Amendments or Material Modifications - All amendments or modifications to this
Contract must be in writing and signed by both parties.
11. No City Obligation - Diversion Solutions and Participants who participate in this program
fully understand that the Program is a public service, and the City and the City Attorney
are held harmless for Participants enrollment in the program and that the City Attorney is
not obligated to take criminal action against Participants or to refrain from prosecuting
Participants based upon their enrollment. The City Attorney retains discretion to charge
Participants prior to and after enrollment in this program.
12. Hold Harmless and Indemnification:
Any and all claims that arise or may arise against Diversion Solutions, its agents, servants
or employees as a consequence of any act or omission on the part of Diversion Solutions,
or its agents, servants, employees while engaged in the performance of the Contract shall
in no way be the obligation or responsibility of the City. Diversion Solutions shall save
and protect, hold harmless, indemnify and defend the City and the City Attorney, its
officers and employees against any and all claims, causes of action, suits, liabilities, losses,
charges, damages or costs and expenses arising from, or allegedly arising from, or resulting
directly or indirectly from any professional errors and omissions and/or negligent or willful
acts or omissions of Diversion Solutions and its employees and agents, in the performance
of this Contract.
13. Independent Contractor:
Nothing contained in this Contract is intended to or shall be construed in any manner as
creating or establishing the relationship of employer/employee, agents, partners, joint
venturers or associates between the parties. Diversion Solutions shall at all times remain
as independent contractor with respect to the services to be provided under this Contract.
14. The City shall be exempt and is not responsible for any unemployment insurance, FICA,
retirement, life and medical insurance, and workersÓ compensation insurance owed for any
and all of Diversion Solutions employees and agents. Payment of insurance premiums, tax
withholding, and all other benefits are strictly and solely the responsibility of Diversion
Solutions.
15. Data Practice - Diversion Solutions will comply with the requirements of the Minnesota
Government Data Practices Act, Minnesota Statutes Ch. 13, when performing its
responsibilities under this Contract. Diversion Solutions will immediately notify the City
of any request from a third party for information relating to this Contract or the Participants
in a diversion program administered by Diversion Solutions. The City agrees to promptly
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MA745-5-755061.v2
Council Packet Page Number 224 of 300
J1, Attachment 1
respond to such notification by Diversion Solutions concerning data requests. Diversion
Solutions agrees to hold the City, its officers and employees harmless from any claims
resulting from the ContractorÓs unlawful disclosure or use of data protected under state and
federal laws.
16. Compliance with the Law - Diversion Solutions agrees to abide by the requirements and
regulations of The Americans with Disabilities Act of 1990 (ADA) and Title VII of the
Civil Rights Act of 1964. These laws deal with discrimination based on race, gender,
disabilities, religion, and with sexual harassment. Violation of any of the above laws is a
breach of this Contract and is cause for immediate termination of this Contract.
17. Entire Contract - This Contract constitutes the entire agreement between the parties and
supersedes any and all other contracts, either oral or written, between them with respect to
the subject matter hereof. Each party acknowledges that no representations, inducements,
promises, or contracts, oral or otherwise, have been made by either party which are not
embodied herein, and that no other contracts, statements, or promises not contained within
this Contract shall be valid or binding upon them. The laws of Minnesota and the United
States of America shall govern all provisions within this Contract.
18. Audits and Inspections - Diversion Solutions, records, documents, papers, accounting
procedures and practices, and other evidences relevant to this Contract are subject to the
examination, duplication, transcription and audit by the City and either the Legislative or
State Auditor, pursuant to Minn. Stat. § 16C.05, subd. 5. Such evidences are also subject
to review by the Comptroller General of the United States, or a duly authorized
representative, if federal funds are used for any work under this Contract. Diversion
Solutions agrees to maintain such evidences for a period of six (6) years from the date
services or payment were last provided or made or longer if any audit in progress requires
a longer retention period.
19. Notice -Any notice to be given hereafter by either party to the other, shall be in writing and
may be affected by personal delivery, or by registered mail, return receipt requested,
addressed to the proper party, at the following addresses:
a) If to Diversion Solutions: Diversion Solutions, LLC
400 S. 4th St. Suite 808M
Minneapolis, MN 55415
Attn: Scott Adkisson
b) If to the City: Maplewood City AttorneyÓs Office
2350 Wycliff Street, Suite 200
St. Paul, MN 55114
Attn: Joe Kelly
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Council Packet Page Number 225 of 300
J1, Attachment 1
With a copy to: City of Maplewood
1830 Co. Rd. B East
Maplewood, MN 55109
Attn: Police Chief
20. Insurance - Diversion Solutions agrees to provide and maintain, at its own cost and at all
times during its performance under this Contract until completion of the work, such
liability insurance coverage as is set forth below, and to otherwise comply with the
provisions that follow:
General liability coverage of at least $1,500,000 per occurrence and aggregate
Automobile liability coverage of at least $1,500,000 per occurrence and aggregate
WorkersÓ compensation coverage or certification of excluded employment from
workersÓ compensation requirements. Diversion Solutions shall pay all retentions and
deductibles under such policies of insurance.
A. Professional Liability: Professional or ÐError & OmissionsÑ
Liability Insurance in the total of at least $1,000,000 Each Occurrence (or ÐWrongful ActÑ
or equivalent) and if applicable, Aggregate, covering Diversion Solutions liability for
negligent acts, errors, or omissions in the performance of professional services in
connection with this Contract. Diversion Solutions professional liability insurance may
afford coverage on an occurrence basis or on a claims basis. It is, however, acknowledged
and agreed by Diversion Solutions, that under claims-made coverage, changes in insurers
or in insurance policy forms could result in the impairment of the liability insurance
protection intended for the City hereunder. Diversion Solutions therefore agrees that it will
not seek or voluntarily accept any such change in its Professional Liability Insurance
coverage if such impairment of the protection for the City could result; and further, that it
will exercise its right under any Extended Reporting Period (Ðtail coverageÑ) or similar
claims-made policy option if necessary or appropriate to avoiding impairment of such
protection.
Diversion Solutions further agrees that it will maintain the required coverage throughout
the entire period of this Contract and for an additional period of two (2) years following
completion of this Contract.
Diversion Solutions will (a) notify the City of any intended or pending change in
Professional Liability insurance or in policy forms, and provide the City with all pertinent
information that the City may reasonably request to determine compliance with this
paragraph; and (b) advise the City of any claims or threat of claims that might reasonably
be expected to reduce the Contract of such insurance remaining available for the protection
of the City.
21. Licenses. At its own expense, Diversion Solutions shall procure all licenses, permits or
other rights required for the provision of services contemplated by this Contract. Diversion
6
MA745-5-755061.v2
Council Packet Page Number 226 of 300
J1, Attachment 1
Solutions shall inform the City of any changes in the above within five (5) days of
occurrence.
22. Assignment/Subcontracting. The Diversion Solutions shall not assign or subcontract this
Contract without prior written consent of the City, in which case Diversion Solutions is
responsible for the performance of its subcontractors or assignees.
23. Compliance with Laws/Standards. Diversion Solutions shall abide by all Federal, State
and local laws; statutes, ordinances, rules and regulations pertaining to this Contract. This
Contract shall be construed in accordance with the substantive and procedural laws of the
State of Minnesota. All proceedings related to this Contract shall be venued in the County
of Ramsey, State of Minnesota.
24. Contractor Debarment, Suspension and Responsibility Certification. By signing this
Contract the Diversion Solutions is certifying that the federal government or the Minnesota
Commissioner of Administration has not suspended or debarred Diversion Solutions or its
Principals and Employees, based upon Federal Regulation 45 CFR 92.35 and Minn. Stat.
§16C.03, subd. 2 respectively. Diversion Solutions may be suspended or debarred when
it is determined, through a duly authorized hearing process, that they have abused the
public trust in a serious manner.
IN WITNESS WHEREOF, the parties have executed the CONTRACT as of the date first written
above
Diversion Solutions, LLC City of Maplewood
By ___________________________ By _______________________________
Scott Adkisson - President Date Marylee Abrams, Mayor
Date: ___________
By _______________________________
Melinda Coleman, City Manager
Date: ___________
7
MA745-5-755061.v2
Council Packet Page Number 227 of 300
J1, Attachment 2
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Council Packet Page Number 231 of 300
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: J1, Attachment 2 – Revised
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: J1, Attachment 2 – Revised
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: J1, Attachment 2 – Revised
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: J1, Attachment 2 – Revised
For the permanent record:
Meeting Date: 10/25/2021
Agenda Item: J1, Attachment 2 – Revised
J2
CITY COUNCILSTAFF REPORT
Meeting Date October 25, 2021
REPORT TO:
Melinda Coleman, City Manager
REPORT FROM: Michael Martin, AICP, Assistant Community Development Director
PRESENTER:
Michael Martin, AICP, Assistant Community Development Director
AGENDA ITEM: Lower Afton Apartments, 2501 Londin Lane
a.Zoning Map Amendment Ordinance
b. Conditional Use Permit Resolution
c. Design Review Resolution
Action Requested: Motion Discussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
Ian Schwickert, of Real Estate Equities, is requesting approval to build a 148-unit multi-family
housing building on the former fire station property located at 2501 Londin Lane. The proposed
building would be three stories tall, over an enclosed below-grade garage.
To move forward with this project, the applicant needs city council approval of the following
applications: zoning map amendment, conditional use permit for building height and design review.
Recommended Action:
a. Motion to approve an ordinance amending the City’s zoning map to rezone the property
from F, farm residence to R-3, multiple dwelling.
b. Motion to approve a resolution for a conditional use permit.
c. Motion to approve a resolution for design review.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: N/A
Strategic Plan Relevance:
Financial Sustainability Integrated Communication Targeted Redevelopment
Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt.
The city deemed the applicant’s application complete on September 3, 2021. The initial 60-day
review deadline for a decision is November 2, 2021. As stated in Minnesota State Statute 15.99, the
city is allowed to take an additional 60 days if necessary to complete the review.
Council Packet Page Number 232 of 300
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Background:
The Maplewood City Council approved a purchase agreement with Real Estate Equitieswho would
obtain the former fire station site at 2501 Londin Lane. Real Estate Equities is proposing to develop
a 148-unit multi-family housing building. The building would be three stories, but slightly higher than
35 feet thus requiring a conditional use permit.
Zoning Map Amendment
The project site is currently zoned F, farm residence. As part of the 2040 Comprehensive Plan
update, the city re-guided this site to High Density Residential, which allows 25 units of housing per
acre. The city is required to rezone this site to R-3 multiple dwelling to be consistent with the
comprehensive plan. The proposed 148-unit building meets the density requirements set by the
city’s 2040 Comprehensive Plan.
Conditional Use Permit
The city’s multi-family housing code requires a conditional use permit for buildings more than three
stories or 35 feet in height. The top of the third floor of the proposed building is at approximately 31
feet. When measuring to the midpoint of the highest peak of the roof, as defined by city code, the
building height is approximately 40 feet.
Design Review
Site Plan
The site will be accessed by two drives coming off Londin Lane. The vast majority of vehicles
accessing the site will use the westerly access drive as that provides access to the larger surface
parking lot and the underground parking garage. The easterly access drive will provide access to a
small surface parking lot and the building’s main entrance.
The proposed building is required to be setback at least 30 feet from Lower Afton Road and Londin
Lane. At its closest point, the building will be setback 40.5 feet from Lower Afton and 31.3 feet from
Londin Lane. The building is required to be setback 100 feet from the west property line and the
proposed setback would be approximately 159 feet. There is also a pipeline running on the west
side of the site. The building is required to be setback 100 feet from the pipeline. At its closest point,
the building would be 125.9 feet from the pipeline.
The parking lot is required to be setback 15 feet from the north, east and south property lines and
20 feet from the west property line. All parking setbacks are being met.
Building Elevations
The proposed building will be constructed of charcoal gray metal panels, summer wheat-colored
cement fiber board shakes and summer wheat-colored cement fiber board siding. Cast stone will be
used on the ends of the building. All design elements would be attractive and compatible with the
existing architecture of the neighborhood.
Council Packet Page Number 233 of 300
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Floor Area
City ordinance requires a minimum of 580 square feet for one-bedroom units. Two-bedroom units
are required to be at least 740 square feet in size. Three-bedroom units are required to be at least
860 square feet in size. The applicant’s submittal indicates these minimums will be met. Before any
building permits are issued, staff will ensure this requirement continues to be met.
Parking
The city’s zoning ordinance states multi-family buildings must provide two parking spaces for each
unit – with one of the parking spaces being covered. This project requires a total of 296 spaces.
This proposed project will have a total of 298 parking spaces, with 151 parking spaces in the
underground parking garage and 147 parking spaces in the two surface lots.
Landscaping and Screening
There are 17 significant trees equaling 257 diameter inches of trees on the property. The applicant
is removing 13 significant trees equaling 191 diameter inches. One 33-inch specimen tree is being
preserved. Based on trees removed and trees saved, the applicant must replace 139.12 caliper
inches of trees (69 2-inch caliper trees). The applicant’s landscape plan includes 79 new trees, for
192 caliper inches. The landscape plan meets the City’s tree replacement requirements.
City ordinance requires screening to be installed when light from automobile headlights and other
sources would be directed into residential windows – in this case along the west property line in the
area of the proposed parking lot. The ordinance states that minimum screening shall consist of a
barrier at least six feet in height which provides a minimum opaqueness of 80 percent. If vegetation
is used it must provide year-round screening, otherwise, a fence or combination of the two may be
used. The applicant’s plans do not explicitly show how this screening requirement can be met year
round. Prior to a building permit being issued, the applicant shall be required to provide a plan
showing that the screening requirement is met.
Lighting
The applicant’s submitted photometric plan meets all city requirements.
Geotechnical Requirements
Before building permits for new buildings are issued in Maplewood, a site geotechnical analysis is
required to be submitted to ensure the classification, strength or compressibility of the soil is able to
support the new structure. This analysis will also involve establishing the location of the ground-
water table within the site and how the project, if needed, will address any ground water issues with
the new construction. These processes are outlined in the Minnesota Building Code. Maplewood’s
Building Official will review all submitted geotechnical materials to ensure the applicant’s building
plans meet all Minnesota Building Code requirements.
Drainage and Stormwater Management
It has been noted that adjacent properties have raised concerns in regards to existing water issues
experienced on their properties and the potential impacts this proposed development could have.
This was kept in mind while performing this review. As do all projects, this proposal was reviewed to
ensure it meets the City’s stormwater management requirements, which includes reducing rates of
discharge and improving water quality. This project, as proposed meets the City’s stormwater
Council Packet Page Number 234 of 300
J2
management requirements, reducing runoff rates substantially in the 2-year, 10-year, and 100-year
design events. Likewise, the proposed design meets the City’s water quality requirements,
providing 22,437 cubic feet of filtration basin capacity. Filtration basins are designed to treat the
storm water that is collected in the basin by filtering the water through a bed of media to improve
the water quality. It is then collected by drain tile pipes that lie underneath the filter media before
being discharged from the basin at the outlet. This is different from an infiltration basin where there
are no drain tile pipes below the filter media and the storm water moves into the underlying soils.
While the overall drainage pattern to the adjacent property to the west is maintained, it is worth
noting that the discharge point for runoff has been shifted 200-feet to the north in the proposed
design, placing it further from the existing buildings to the west.
Traffic Analysis
The City consulted with S.E.H., Inc. to analyze the potential traffic impacts from the proposed
development. Their findings noted that the approximate traffic demand from the development is
predicted to function acceptably on Londin Lane, Lower Afton Road, and under the current
configuration of the intersection of these two roadways.
Ramsey County’s Review
Ramsey County Public Works has reviewed this project and is requesting the applicant be required
to install a sidewalk along the south side of Lower Afton Road for the full length of the property to
direct pedestrians from the site to the marked crosswalk near the intersection of Lower Afton Road
and Londin Lane. A median refuge island and Rectangular Rapid Flashing Beacon (RRFB) will be
required to be installed at the Lower Afton Road pedestrian crossing. Finally, the County is
recommending requiring a right turn lane from Lower Afton Road onto Londin Lane.
Maplewood staff has added a condition to the design review resolution requiring the applicant meet
all requirements of Ramsey County regarding a sidewalk along Lower Afton Road, the installation of
a median refuge island and Rectangular Rapid Flashing Beacon and a right turn lane from Lower
Afton Road onto Londin Lane.
Department Comments
Engineering
Please see Jon Jarosch’s engineering report, dated September 9, 2021, attached to this report.
Environmental
Please see Shann Finwall’s environmental report, dated September 13, 2021, attached to this
report.
Building Official – Randy Johnson
Each accessible parking space needs to have access to an access aisle – a reviewed site plan will
be required.
Council Packet Page Number 235 of 300
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Board and Commission Review
Community Design Review Board
September 21, 2021: The community design review board (CDRB) reviewed this project and
recommended approval. The CDRB recommended that the applicant be required to color-match the
rain spouts and review the need for a cross-walk on Londin Lane.
Planning Commission
September 21, 2021: The planning commission held a public hearing reviewed this project. Ten
residents spoke during the public hearing. The planning commission recommended approval to
amend the city’s zoning map to rezone the property from F-farm residence to R-3-multiple dwelling.
A motion to approve a conditional use permit for building height failed on a 2-3 vote. The planning
commission then voted, 5-1, to require the developer “have all the documents about the hydrostatic
water, etc. prior to giving the approval.” As mentioned earlier in this report, the Minnesota Building
Code requires the applicant to submit a geotechnical analysis to ensure all building requirements
are met.
Citizen Comments
Staff surveyed the 231 surrounding property owners within 500 feet of the proposed project area for
their opinion about this proposal. Staff received 37 replies.
1. Need a fence between Conomara I and the development. Need a sidewalk up to Lower
Afton Rd. (Paul and Marlys Kinsella, 2465 Londin Lane E, Unit 104)
2. Comment Below
a. No parking on the North side of Londin Lane E from Lower Afton Rd to Parkview St.
b. Move the dog run area to the SW tip of the bio filtration pond.
c. Speed control on Londin Lane MUST be addressed by the City. It is now like a
speedway for cars & motorcycles. There will be more traffic – with upwords of 200
more vehicles from the new complex – having the entrance & exit lanes coming out
onto Londin Ln.
d. Connemara I & II are on Private Property. There needs to be a barrier (wall or fence)
on the Afton Apartment property line to separate the complexes. Our grounds & Pool
areas are not for public usage.
(John Parnell Jr and Sue Parnell, 2485 Londin Lane E, Unit 215)
3. Seems like a very big project for that area. I have many concerns about the design – that
many units – crowded into that space – traffic would be a problem as well. Really do not feel
this is a good fit for our neighborhood. (Richard Lecher, 2485 Londin Lane E, Unit 219)
4. Our concerns are the large spike in traffic on a very busy high speed road (50 mph). Is there
any guarantee these apartments will remain market value and not become income restricted
properties, then turn into slums like we have a few blocks to our west? Concerned about
ground water and run off toward our already wet grounds & parking. Against such a large
building. (Dennis and Mary Koren, 2455 Londin Lane E, Unit 119)
5. I am writing to you today in regard to the proposed Multi-family housing project at 2501
Londin Lane. I am fully against this project for several reasons.
Council Packet Page Number 236 of 300
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a. Too big: the building could have up to 500 residents based on the occupancy of 2
people per bedroom.
b. Lack of infrastructure: neither Lower Afton Rd nor London Lane are set up for 300
plus cars (2 cars per unit) a day coming and going, we already have terrible traffic
patterns.
c. Market rate units (i.e. low-income): We have an apartment complex down just across
McKnight and townhomes on lower Afton road that are low income already and are
eyesore to the area.
d. Lower property values: Another low-income project, with 150 cars in a surface lot
and an unknown number of cars parked on London lane can only bring down the
values or the houses in the area.
e. Safety: Again, crossing the street to Battle Creek Park is treacherous enough now,
without 300 plus more cars coming and going it will become a safety hazard.
f. Other nearby multi-unit housing: beyond the apartments and townhouses down the
street, there is a giant apartment building just across Century in Woodbury,
g. The Ponds and Hillcrest: there is a purposed development of the old Hillcrest site,
which would a great area for this project. Also, the Ponds of Battle Creek is going to
be developed at some point. Again, the area is “full” we cannot support more multi-
family housing on this corner.
This is the wrong area for this project. (Michael Taube, 324 O’Day St. S)
6. Our main concern is increased traffic on Londin Lane E. It will need more patrolling as we
have a lot of pedestrians and many speeders. (Lonny and Kim Berven, 2455 Londin Land E,
Unit 217)
7. Lived here for over 40 years and we are totally against this project!! Do not need for more
problems to arise by bringing in a more diverse atmosphere. Also another 250-300 cars in
that small area, will be a colossal nightmare!! There are plenty of apartments to the west on
Londin Lane and across McKnight. You have a “fantastic” opportunity to partner with St.
Paul and put this “great idea” on all that open land that used to be Hillcrest Golf Course.
What’s Maplewood’s vision here, to grow more like St. Paul or Woodbury? Wake up!
Maplewood south does not need to be ghettoized!! Such a “great idea”, put it in your
neighborhood!! (Gary and Pamela Fuller Trustee, 354 Mary St S)
8. Comments below.
a. West to east on Lower Afton Rd will need a right hand turn lane or stoplight due to
the traffic increase.
b. We already have a lot of walkers going to & from Battle Creek Park. Sidewalks on
Londin Lane are necessary to keep walkers safe.
c. We need assurance that water run off will not come to Connemara I & II
(Kathleen Jensen, 2445 Londin Lane E, Unit 404)
9. Comments below.
a. No parking on North side of Londin Ln E from Lower Afton Rd to Parkview St.
b. Move the Dog walking area to the S.W. Tip of the Pond.
c. Speed control on Londin Ln. will have to be better controlled by the City. There is
much speeding by cars & cycles now and there will be a lot more traffic with many
more vehicles from the New complex.
d. A wall or high fence to be installed on Afton property to separate the complexes from
public use by the apts.
(Marlene Krupich, 2485 Londin Lane E, Unit 214)
Council Packet Page Number 237 of 300
J2
10. Also my input as follows. My house backs up to Crestview pond, which is adjacent to the
proposed development site. The new development will be visible from my backyard. I’m
concerned about the additional noise and traffic generated from the site. The intersection of
Londin and Lower Afton Road is already congested at times. (Kevin Muellet, 412 Highpoint
Curve)
11. Thank you for your letter with the proposed development information. I am a condo owner
and Secretary of the HOA Board in the Connemara II building just down the road from the
proposed site. I attended the community meeting with Alex Bisanz last week. While I
welcome the prospect of the development, I am deeply concerned about the implications for
the community, in particular the Connemara I and II buildings, based on the plans you have
sent out. As you may be aware, Connemara I and II have long dealt with water intrusion
issues in each of our below-grade enclosed garages, caused most likely by groundwater
runoff from the hill to the south. Although the 2021 summer season has been significantly
drier than in previous years, the recent rainfall has once again caused water to infiltrate our
below-grade garages. Members of both associations are greatly concerned that the
proposed plans for a building to the east will disrupt water flows and worsen the water
intrusion problems both buildings face.
We do not want a fourth water holding pond added on our boundary. We have a pond in the
park to the southeast, a pond across the road to the southwest, and a pond to the north.
Historical photos show that prior to its development, our site was a marshland. The
ownership of both buildings is greatly concerned that adding a fourth pond will worsen the
water intrusion in our garages as runoff is allowed to seep into the groundwater table directly
on our property border. How are the developer and city planning to mitigate the groundwater
issues stemming from yet another holding pond?
Additionally, although the developers have committed verbally to building to code, the
increase in torrential rains and extreme weather events leaves us with the concern that
building to the minimum standard will be insufficient to protect the Connemaras from
flooding in the event the holding pond is insufficient to contain runoff from an extreme
weather event. What steps is the City of Maplewood taking to ensure that the development
at 2501 will not contribute to or cause flooding in the Connemaras? Is the city requiring
permeable asphalt? Will there be an overflow drain to release excess water to the storm
sewers? Will the city be requiring rain gardens or other mechanisms to ensure that the
transition from grassland to hard surfaces will not exacerbate the water situation for the
buildings next door? Who will indemnify the owners of the Connemaras against losses
incurred from flooding caused by runoff from 2501 Londin Lane?
The traffic implications of the site plan for 2501 Londin Lane also need consideration.
Speeding is already a concern on this road. Londin Lane is used intensively by pedestrians
and cyclists, despite the lack of sidewalks. It is already difficult for pedestrians and cyclists to
cross the 50 mph Lower Afton to access Battle Creek park from that intersection. Is the city
planning to work with the county to lower the speed limit on Lower Afton, install a traffic light
or roundabout at that intersection, and allow one of the property entrances to be on Lower
Afton? How can the city and county make Londin Lane and that intersection safer? The
situation is already unsafe and adding 300+ new residents will only intensify the traffic
situation and lead to more dangerous interactions between motorists, cyclists, and
pedestrians.
Council Packet Page Number 238 of 300
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The property values of the units on the east end of Connemara I will be negatively impacted
by replacing views of the quiet, grassy property with views of a parking lot and the noise and
light disturbances associated with up to 300 cars coming and going on a daily basis. What is
the city doing to ensure the development will not disrupt current residents and depreciate
property values once complete? From an ecological standpoint, how is the developer
planning to offset the loss of plant biodiversity and replace existing habitat for the resident
wildlife which currently inhabit that site? Is the developer planning an ecologically sound
landscaping plan to prevent loss of pollinators? Has an environmental impact report been
done? The developer has promised to send over studies showing increased property values
surrounding current developments, but I have not yet received them. Have you?
Adding hundreds of new residents to the area is likely to put a strain on the surrounding
resources. This area of Maplewood is a food desert. There's the tiny Halal grocer on
McKnight and the Cub foods in SunRay a mile away. The next closest groceries are Byerly's
and Target over in Valley Creek Plaza. What is the city doing to increase availability of
affordable food in the area for residents of this new workforce housing development?
What improvements will the developer be making to the surrounding parks to enhance their
usability? Right now in Clearwater Park across the street from the proposed development,
there's one picnic table and nothing else. With family housing going in across the road,
perhaps a playground for older children and more picnic tables for families to use would be
desirable, especially given the lack of usable outdoor space in the plan for the property. The
proposed plan shows a wide grassy margin and trees along Lower Afton and Londin Lane,
with a small green island on the corner and a small green space in the V of the building.
While these may technically satisfy the 30% green space requirement, very little of that
green space will be usable for residents of the building, especially since much of it will be
taken up by the water holding pond.
Again, I support the city's desire to develop the site, but not if it means increased water
intrusion, depreciation of property values, and less safety for the existing community. A
better plan needs to be made here.
I have included several members of the Connemara II HOA Board on this email. I am sure
we will all look forward to your reply. (Sarah Hall, 2445 Londin Lane E, Unit 106)
12. Just to followup with the 8/26/21 meeting at the Maplewood Nature Center. You said to send
our concerns to you, so here we go:
a. How to handle all the extra traffic on London Lane from a new 148 unit apartment
Bldg? Stoplight for children, handicapped, old folks to cross busy afton rd to Battle
creek park and trails.
b. Make sure the water runoff overflow pond goes down the hill on the NW part of the
property. There already is a low spot there. But it will require some grading and a
big culvert to go under the deer trail that goes past the East end of Connemara I.
c. Security fencing to protect the older folks that live in Connemara I (a 55+ coop
housing unit). Also there is lots of trails, ponds, even a pool in our backyard that
could be hazardous to young children that wander off.
d. Solid fence to block headlights of cars parking right up against the East side condos
of Connemara I.
Additional comments from same resident.
Council Packet Page Number 239 of 300
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Our biggest concern is more water in our Connemara I and II garages. We’d like to see the
plans for where your pond overflows to. Maplewood already has 2 ponds that affect us.
One is located just across the street South from the firehouse . The other one is just S
across the street from Connemara II. The water pressure in Connemara I was so bad on
their east side that it squirted up through the cracks in their floor until Maplewood lowered
the pond level by 1 foot. They still had to add a sump hole in their floor with a sump pump to
help alleviate flooding. In Connemara II we are still trying to figure out how to keep water
out.
So, that is why we’d like to see the plans for where your proposed pond overflows to. As I
mentioned at the meeting, we want to know where the overflow goes. We’d like to make
sure it drains down the hill to the Mississippi, and not into our basement garages. We will
not accept more water saturating the ground into the water table. When you say
biofiltration, all these ponds filter nothing. They sit there all year, going down with
evaporation or overflowing into the next pond down the hill. It may be a nice concept, but in
practicality, it does not work. They turn a nice pea green all summer long and stink to the
high heaven. Just take a look and smell.
Second issue is traffic. We have a hard time turning onto Londin Lane from Lower Afton Rd
now, because of the traffic, and also trying to dodge the potholes. Road maintenance is
horrible on this stretch. Check it out now and then again in Feb – April. At a minimum we
need a 4 lane highway with a stoplight at that intersection for left turns.
(Herb Goetsch, 2455 Londin Lane E, Unit 314)
13. We received the drawings for the proposed apartments at 2501 Londin Lane.
We think the drawings are fine - the 3 story building is much larger than we had anticipated
and it will certainly fill that property. The exterior architecture looks nice. Underground
parking will be a nice amenity for the residents.
It appears that they are going to plant a long row of trees under the existing power line and
cable TV elephant fence along Londin Lane. They need to take a look at the chopped off,
ungainly pines and hardwoods to the west along Connemara's boulevard to see what will
become of their trees once they reach 25 feet tall. We're definitely not saying "don't plant
trees" but consider what's above them before planting. Planting under power lines is always
a bad idea. Perhaps they will pay Xcel and Comcast to bury those overhead lines and get
rid of the poles?
We're not quite buying their statements that our property values will increase because they
built an apartment nearby. Property values are always going up but it doesn't follow that
apartments are the reason.
Our sincere hope is that the management and residents are good neighbors. Crime and
poorly maintained property would make them bad neighbors.
Frankly, the City of Maplewood's maintenance of the old fire building for the past decade set
a quite low bar for our new neighbors - grass at the abandoned fire station was cut very
infrequently, bushes were untrimmed, tall weeds were left to grow against the foundation,
standing dead trees, etc. If regular homeowners maintained our properties like that we'd be
getting visits from the City telling us to clean up. But I digress.
Again, our sincere hope is that the property management and residents are good neighbors.
(Bob and Janet Traun, 413 Highpoint Curve S)
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14. Due to the size of the building capacity would like a traffic light to be installed on Londin
Lane at Lower Afton Rd. Lower Afton Road speed limit reduced from 50MPH to 40MPH.
(Robert and Susan Steege, 2455 Londin Lane E, Unit 214)
15. Will cause more traffic on Londin Lane E – a necessity will arise to have traffic lights on
Londin Lane E & Lower Afton. Right now – cars really speed on Londin Lane E to McKnight!
(Tamara Niepritzky Trustee, 2445 Londin Lane E, Unit 102)
16. My concerns are:
a. The height & size of building – does it blend in with rest of neighborhood. I don’t want
anything that sticks out like a sore thumb!
b. Sidewalks & stoplights. We have a fair amount of senior walkers along Londin Ln
already & it’s getting harder to cross Lower Afton & walk along Londin Ln. With
increased traffic could be dangerous.
c. Hope they are planning on planting lots of trees & shrubs (& keeping them
maintained!) so we have some feeling of green space.
d. Already have increased thefts in area - ? more police patrols.
(Susan Zukaitis Trustee, 2445 Londin Lane E, Unit 306)
17. The addition of 2-300 more cars on Londin Ln will increase an already dangerous street.
The street has become a speedway. I have lived here 12 years, and its become dangerous.
PLEASE DO NOT ALLOW THIS BUILDING! (Timothy Egan, 2445 Londin Lane E, Unit 407)
18. Comments below.
a. Vehicle entry/exit from Londin Lane – how many turn lane so traffic from east and
west may provide back-up traffic and danger to pedestrian traffic due to access to
trail north of very busy Lower Afton Road.
b. How close to Connemara Condos is the western end of proposed property? Noise
factor etc. may adversely affect property values at Connemara I and II. (Patrick
Mulvehill, 2445 Londin Ln E, Unit 201)
19. We are opposed to this 148 unit bldg. We have people walking daily with families, dogs,
friends all day & evening. It leads to the dog park & Battle Creek walkway on Lower Afton.
148 units will have at least 148 cars & increase traffic on Londin Ln. It has enough now as
people use it as a short cut to McKnight. Also the 148 plus cars would park on Londin Ln.
Nature is affected also – pond brings kids & other animals for water. With 2 large complexes
already on Londin Ln has enough traffic. How can it be so close to an oil line? It is a
beautiful family friendly area that should remain as is. (Edward and Margaret Kaiser Trustee,
2485 Londin Lane E Unit 315)
20. Comments below
a. Sheet Title: Grading Plan C4.01 Can you send me a legible copy and also sh. Title:
Landscape Overall Plan L1.01?
b. What does “diverse housing option” mean? Is there money set aside for Section 8
and other low income tenants? i.e. “mixed income housing?”
c. Has the city of MPWD requested an Environmental Impact Statement from
appropriate agenc(ies)?
d. Has MPWD requested or entertained any other proposal for this property such as
townhomes?
e. If Connemara I and IIare already experiencing water issues, what's to prevent the
proposed apartment complex from creating a greater issue?
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f. Can you provide me a list of other “proposed” and approved/built developments you
have been involved with in 7 – County Metro Area? And how they have been
received in their respective communities?
(Colleen Gunderson, 2485 Londin Lane E, Unit 322)
21. Ours is a quiet neighborhood, I believe that adding this apartment will change this forever. It
will add at least 500 people, a large number of dogs and 300+ automobiles. The dog park at
the apartment complex will rarely be used in favor of Crestview park across the street. The
park will be fouled with dog poop and the park lawns damaged by the increased activity
The development company has tried to float the idea that property values will actually
increase thanks to the addition of this complex. That’s ludicrous. How many more low-
income housing projects can this neighborhood tolerate? Just across McKnight is Afton
View Apartments which is section 8 housing. While on the fringe of the neighborhood, our
park and streets are visited by many of the residents. Coming further East from there are
unnamed apartments that are clearly section 8 apartments. Then comes Maplewood
Gardens which is fast sliding into poor condition. In addition to these are numerous
townhomes on the south side of the block off of Londin Lane. Adding another complex that
is primarily lower rent just drives the neighborhood down.
Retirement housing would be more acceptable, townhouses rather than apartments.
Retirees will drive less and would likely be couples only instead of larger families. Save the
Golf course property for the type of housing this company wishes to bring in
Traffic from the residents of this complex will dump onto Londin Lane exclusively. This road
as well as Sterling and Lower Afton are often race tracks. Lower Afton is a 50 mph road
with a crosswalk that is terrifying to cross during near peak and peak traffic hours. I
personally have been near missed on a number of occasions when courteous drivers stop
for you but drivers behind him shoot out and go around (thus the near miss).
Coming off Lower Afton onto Londin Lane at the curve around the fire station is another area
that these potential new residents will need to contend with. Drivers show no mercy as they
prepare to drive down the Londin Lane straightaway
Cross walk to cross Lower Afton is extremely dangerous as the speed limit is 50mph and
even if a driver stops to let you cross other drivers go around them and ignore the persons
in the cross walk also traffic coming off Lower Afton onto Londin lane is a road race! People
fly around the curve only to continue to fly down Londin lane or up Sterling (which is like a
freeway). Today, no one stops at the stop signs going onto Lower Afton or the sign at
Sterling and Oday/Mary.
We don’t need all these additional vehicles in the neighborhood. Retirees would be a much
better fit for a residential neighborhood. Ownership in the property tends to keep it looking
nice and adds value to the neighborhood not a complex that has 70+ percentage lower rent
units. Thanks for listening (James Morley, 341 Oday St S)
22. The eastern boundary of our (2485 Londin Lane) abuts this proposed project. I looked at the
red stakes which mark the western boundary of the project. They appear to use the pipeline
easement as property for the project. This puts the property very close to our building.
In the interest of both surface water runoff and noise/light pollution prevention, we request
that the proposed fence on the west edge of the parking lot line be made on top of a 4 four
Council Packet Page Number 242 of 300
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earth berm. The fence/berm could start at the south property line and end just north of the
northern underground garage entrance. (William Barrett, 2485 Londin Lane E, Unit 324)
23. I am a homeowner and a State employee who moved into Connemara Condos 2.5 years
ago with my husband. I chose this neighborhood because of the open wooded areas and
the walkability. Currently, Londin Lane is a quiet street with very little crime, traffic, and
noise. When I heard about the proposed development in the area, I found myself becoming
very concerned. Why would the City of Maplewood allow a 140+ low income housing unit to
be built on such a small piece of land? I am struggling to see how the implications of this
development on the homeowners in the neighborhood will be positive. Here are a few
reasons for why I am opposed to this new proposed development:
a. Increase of traffic
i. Londin Lane is a street that has one way in and one way out and there is
already issues with people exceeding the speed limit of 30. With an increase
of 100 or more cars on this small street, it will make this street more
dangerous for people walking/running and it will increase the likelihood of
accidents and speeding.
1. What does the City plan to do to decrease the traffic, mitigate the
speeding and avoidance of accidents?
b. Safety
i. Unfortunately with low-income housing, crime does increase. If you add
140+ unit low income housing unit, there will be additional crime and drugs in
the area.
1. What is the City’s plan to ensure that crime and drugs do not impact
this area?
2. How will the City prevent break-ins to cars parking in the open lot of
our condo building?
c. Noise
i. This neighborhood is a quiet community. Our condos are right next door to
this proposed development, so if you add 140+ unit low income housing unit
there will be an increase of traffic noise and people.
1. How will the city ensure that the noise level is managed in our
neighborhood (cars blaring down the street, kids yelling, etc.)
d. Property Values
i. I purchased my condo in Maplewood because of the quiet, wooded area
knowing that I would have a high resell value. With low-income housing
developments, the developer often builds new buildings, but does not
properly maintain the buildings, the parking lot, or the grounds making
property values around the new development decrease. These low-income
housing developments turn into housing projects. If there is a housing project
right next door to our condos, it will definitely decrease my property value and
make my condo difficult to sell.
1. What is the City’s plan to ensure the buildings, parking lot and grounds
are properly maintained?
2. What market research can you provide to the homeowners of our
community that indicate your assurances that our property values will not
decrease?
(Tamika Brewer, 2455 Londin Lane E, Unit 215
24. I am concerned about traffic flow and safety. I walk from Connemara II to the crosswalk at
Londin Lane on Lower Afton & it feels a bit dangerous to do this now with the negligence of
cars stopping for a crosswalk and the way cars make turns onto Londin from Lower Afton. I
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wonder what it will be like with a new development. (Kathleen Koonce, 2445 Londin Lane E
Unit 312)
25. Don’t like the multi-family housing project because of it’s effect on noise and traffic levels.
(Werner & Sibylla Dittmann, 2455 Londin Lane E Unit 421)
26. Too many units for the neighborhood. We have enough high-density housing in the area.
We understand the city wanting to increase tax revenue but it’s too many units for this area.
If it goes through we will consider moving. (Joseph & Melanie Helmin)
27. Concern for added traffic on/near that sharp curve on the road. People are focusing on
turning as well as black ice on the curve during winter. I’m worried about traffic overall that
more housing would add. Plus, is it 55+? Subsidized? We are dealing w/crime/theft from
McKnight/area already & wonder if crime would go up (Pond Ave.) w/more low income
housing. (Lynn Carlson, 2455 Londin Lane E Unit 220)
28. CRITICAL! The speed change from 50 (Lower Afton) to 30 (Londin Lane) has never worked
well. Ped crossing will be busier w/this. Short section should be no more than 40MPH with
very good signage. (Barbara Seal, 2455 Londin Lane E Unit 415)
29. Comments below:
a. Traffic problems on Lower Afton and Londin Lane
b. Increased noise
c. Increased potential of crime
d. Rental market (what portion is low-income)
(Virginia and Bradley Pfaff, 2455 Londin Lane E, Unit 224)
30. Londin Lane has already become a main thoroughfare with cars exceeding the speed limit,
buses every half hour, not to mention huge trucks and cars passing each other, and on the
street parking approaching McKnight Rd. There’s not a safe place for workers! Isn’t enough
enough? To make matters worse, a lot of money was spent on a beautiful golf course and
now that’s closed. What happened to green space in Maplewood? Don’t you ever get
enough? I hope you actually read the comments you receive! (Mary Jane Anderson, 2465
Londin Lane E Unit 201)
31. We just moved into Connemara I, a 55 and older community, for some peace and quiet.
This will not help us or the other older people who live here! This block is already well
developed. Building this proposed development will not only take away the little green space
we still have but it is too big for that corner. The extra population will make much more
traffic. The construction will be disturbing & dirty. It will also impose on the end units of
Connemara I. Absolutely NOT WANTED or too big for corner. (David Mammenga & Jean
Chial, 2465 Londin Lane E Unit 303)
32. Are there going to be sidewalks?
More Lighting?
Stoplights on Lower Afton & Londin Lane?
Traffic is already bad – what are the plans?
(Rita Thomas, 2455 Londin Lane E Unit 221)
33. a. Traffic must be addressed (Stoplights)?!
b. Sidewalks along Londin Lane to McKnight!!
c. DO NOT Build unless you install solar panels!
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d. NOISE. We do not like noise.
e. We are not happy about this.
(Karla Halbakken, 2465 Londin Lane E Unit 408)
34. DO NOT APPROVE!! I’m sure my comment doesn’t mean anything, because what the city
wants, the city gets, even though we pay our taxes. I’m opposed to the complex being built. I
have seen them in family & friends neighborhoods and within less than 2 yrs they are being
ruined by the tenants within. Sorry but I don’t want the value of my property to decrease.
These units tend to have multiple police calls also. I’ve witnessed it a lot in the last 5 yrs.
Please find something else for there. We could use a small fire dept at this end of
Maplewood. Please protect our property. Would you want this right next door to where you
live? I bet not. Please take our concerns to heart. Thank you. (Mary Schmidtbauer, 2465
Londin Lane E Unit 103)
35. I think it will be great to have more housing, especially affordable housing available in our
community. Is it possible to have the developer to donate to development of green space
and/or play space for kids in our community? (Chung Junemann, 2465 Londin Lane E Unit
407)
36. I'm fairly new here and was attracted to the quiet, beautiful and well-maintained area when I
made my decision to purchase my condo. I went on-line and read everybody's concerns. I
echo their concerns, so I don't have to repeat these valid points. What I'd really like each
member of the City Council to do is to honestly ask themselves if they would vote in favor of
this project if the site were to be right next door to where they live. It's my hope they would
give an honest answer to this question, and as a result, vote against this proposal so that we
can continue to enjoy the peaceful surroundings here at Connamara. (Rose Duffy, 2485
Londin Lane E)
37. I personally hate this project. I live at 334 O'Day Street S., right across the street from where
the project is going to go. I have a bad feeling that the people moving in to this property are
going to bring my property value down. I built this house here because there was a fire
station right a cross the street and we would be protected if a fire started. (William J. Karels,
334 O'Day Street S)
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Reference Information
Site Description
Site Size: 5.92 acres
Existing Land Use: Closed Fire Station
Surrounding Land Uses
North: Ramsey County Correctional Facility
East: Lower Afton Road and Single-Family Homes
South: City-owned Land and Single-Family Homes
West: Two Condominium Buildings and Vacant Land
Planning
Existing Land Use: High Density Residential
Existing Zoning: F – Farm Residence
Attachments:
1. Zoning Map Amendment Ordinance
2. Conditional Use Permit Amendment
3. Design Review Resolution
4. Overview Map
5. 2040 Land Use Map
6. Zoning Map
7. Applicant Narrative
8. Site Plan
9. Building Renderings
10. Engineering Review
11. Environmental Review
12. Draft Community Design Review Board Minutes, September 21, 2021
13. Draft Planning Commission Minutes, September 21, 2021
14. Applicant’s Plans, Date-Stamped September 3, 2021 (separate attachments)
Council Packet Page Number 246 of 300
J2, Attachment 1
AN ORDINANCE REZONING THE PROPERTY AT 2501 LONDIN LANE EASTFROM F, SINGLE
FARM RESIDENCE DISTRICT, TO R-3, MULTIPLE DWELLING DISTRICT
The City Of Maplewood, Minnesota Ordains:
Section 1.
1.01 The property at 2501 Londin Lane East is hereby rezoned from F, farm residence
district, to R-3, multiple dwelling district.
1.02 The property is legally described as:
PIN: 122822120001 – That part of the Northwest Quarter of the Northeast Quarter of
Section 12, Township 28 North, Range 22 West, according to the U.S. Government
Survey thereof, lying Southwesterly of New Lower Afton Road and Northerly and
Northwesterly of Londin Lane.
Section 2.
2.01 This ordinance is based on the following findings:
1. The rezoning to R-3, multiple dwelling district would result in a development
compatible with the existing surrounding development type and intensity.
2. The rezoning would be consistent with the intent of the zoning ordinance and the
comprehensive guide plan.
3. The rezoning would be consistent with public health, safety, and welfare.
2.02 This ordinance is subject to the following conditions:
1. The site must be developed and maintained in substantial conformance with the
following plans:
a. Site plan, date-stamped September 3, 2021.
b. Design plans, date-stamped September 3, 2021.
2. The development must further comply with all conditions outlined in City Council
Resolution No. _______ for a conditional use permit _________ by the
Maplewood City Council on October 25, 2021.
Section 3. This ordinance is effective upon publication in the city’s official newspaper.
__________ by the City Council of the City of Maplewood, Minnesota, on October 25, 2021.
Council Packet Page Number 247 of 300
J2, Attachment 2
CONDITIONAL USE PERMIT RESOLUTION
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Background.
1.01 Ian Schwickert of Real Estate Equities has requested approval of a conditional use
permit.
1.02 The property is located at 2501 Londin Lane East and is legally described as:
PIN: 122822120001 – That part of the Northwest Quarter of the Northeast Quarter of
Section 12, Township 28 North, Range 22 West, according to the U.S. Government
Survey thereof, lying Southwesterly of New Lower Afton Road and Northerly and
Northwesterly of Londin Lane.
Section 2. Standards.
2.01 City Ordinance Section 44-359 requires a Conditional Use Permit for multiple
dwelling buildings that exceed a height of 35 feet.
2.02 General Conditional Use Permit Standards. City Ordinance Section 44-1097(a)
states that the City Council must base approval of a Conditional Use Permit on the
following nine standards for approval.
1.The use would be located, designed, maintained, constructed and operated to be
in conformity with the City’s Comprehensive Plan and Code of Ordinances.
2.The use would not change the existing or planned character of the surrounding
area.
3.The use would not depreciate property values.
4.The use would not involve any activity, process, materials, equipment or methods
of operation that would be dangerous, hazardous, detrimental, disturbing or
cause a nuisance to any person or property, because of excessive noise, glare,
smoke, dust, odor, fumes, water or air pollution, drainage, water run-off,
vibration, general unsightliness, electrical interference or other nuisances.
5.The use would not exceed the design standards of any affected street.
6.The use would be served by adequate public facilities and services, including
streets, police and fire protection, drainage structures, water and sewer systems,
schools and parks.
7.The use would not create excessive additional costs for public facilities or
services.
8.The use would maximize the preservation of and incorporate the site’s natural
and scenic features into the development design.
Council Packet Page Number 248 of 300
J2, Attachment 2
9. The use would cause minimal adverse environmental effects.
Section 3. Findings.
3.01 The proposal meets the specific conditional use permit standards.
Section 4. City Review Process
4.01 The City conducted the following review when considering the conditional use permit
for a planned unit development amendment request.
1. On September 21, 2021, the planning commission held a public hearing. City
staff published a hearing notice in the Pioneer Press and sent notices to the
surrounding property owners. The planning commission gave everyone at the
hearing a chance to speak and present written statements. The planning
commission recommended that the city council _______ this resolution.
2. On October 25, 2021, the city council discussed this resolution. They considered
reports and recommendations from the planning commission and city staff.
Section 5. City Council
5.01 The city council hereby _______ the resolution. Approval is based on the findings
outlined in section 3 of this resolution. Approval is subject to the following conditions:
1. All construction shall follow the approved plans, date-stamped September 3,
2021. The director of community development may approve minor changes.
2. The proposed construction must be substantially started within one year of
council approval or the permit shall become null and void.
3. The city council shall review this permit in one year.
__________ by the City Council of the City of Maplewood, Minnesota, on October 25, 2021.
Council Packet Page Number 249 of 300
J2, Attachment 3
DESIGN REVIEW RESOLUTION
Be it resolved by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Background.
1.01 Ian Schwickert of Real Estate Equities has requested approval of a design review.
1.02 The property is located at 2501 Londin Lane East and is legally described as:
PIN: 122822120001 – That part of the Northwest Quarter of the Northeast Quarter of
Section 12, Township 28 North, Range 22 West, according to the U.S. Government
Survey thereof, lying Southwesterly of New Lower Afton Road and Northerly and
Northwesterly of Londin Lane.
1.03 On September 21, 2021, the community design review board reviewed this request.
The applicant was provided the opportunity to present information to the community
design review board. The community design review board considered all of the
comments received and the staff report, which are incorporated by reference into this
resolution.
Section 2. Site and Building Plan Standards and Findings.
2.01 City ordinance Section 2-290(b) requires that the community design review board
make the following findings to approve plans:
1. That the design and location of the proposed development and its relationship to
neighboring, existing or proposed developments and traffic is such that it will not
impair the desirability of investment or occupation in the neighborhood; that it will
not unreasonably interfere with the use and enjoyment of neighboring, existing or
proposed developments; and that it will not create traffic hazards or congestion.
2. That the design and location of the proposed development are in keeping with the
character of the surrounding neighborhood and are not detrimental to the
harmonious, orderly and attractive development contemplated by this article and
the city's comprehensive municipal plan.
3. That the design and location of the proposed development would provide a
desirable environment for its occupants, as well as for its neighbors, and that it is
aesthetically of good composition, materials, textures and colors.
Section 3. City Council Action.
3.01 The above-described site and design plans are hereby approved based on the
findings outlined in Section 3 of this resolution. Subject to staff approval, the site
must be developed and maintained in substantial conformance with the design plans
date-stamped September 3, 2021. Approval is subject to the applicant doing the
following:
1. Obtain a conditional use permit from the city council for this project.
Council Packet Page Number 250 of 300
J2, Attachment 3
2. Repeat this review in two years if the city has not issued a building permit for this
project.
3. All requirements of the fire marshal and building official must be met.
4. Satisfy the requirements set forth in the engineering review authored by Jon
Jarosch, dated September 9, 2021.
5. Satisfy the requirements set forth in the environmental review authored by Shann
Finwall and Carole Gernes, dated September 13, 2021.
6. The applicant shall obtain all required permits from the Ramsey-Washington
Metro Watershed District.
7. Rooftop vents and equipment shall be located out of view from all sides of the
property.
8. Any identification or monument signs for the project must meet the requirements
of the city’s sign ordinance. Identification or monument signs shall be designed to
be consistent with the project’s building materials and colors.
9. Prior to the issuance of a building permit, the applicant shall submit for staff
approval the following items:
a. The applicant shall provide the city with a cash escrow or an irrevocable letter
of credit for all required exterior improvements. The amount shall be 150
percent of the cost of the work.
b. Submit to staff a screening plan detailing that all ordinance requirements are
met in terms of screening on the west side of the west parking lot.
c. The applicant must submit site geotechnical analysis for review by the
Building Official and City Engineer. The applicant must meet the
requirements of the Minnesota Building Code and any dewatering must not
adversely impact adjacent properties.
d. The applicant shall provide a revised site plan showing all Ramsey County
Public Works requirements have been meet. This includes addressing the
County’s requirements for a sidewalk along Lower Afton Road, the installation
of a median refuge island and Rectangular Rapid Flashing Beacon and a
right turn lane from Lower Afton Road onto Londin Lane.
10. The applicant shall complete the following before occupying the building:
a. Replace any property irons removed because of this construction.
b. Provide continuous concrete curb and gutter around the parking lot and
driveways.
c. Install all required landscaping and an in-ground lawn irrigation system for all
landscaped areas.
Council Packet Page Number 251 of 300
J2, Attachment 3
d. Install all required outdoor lighting.
e. Install all required sidewalks and trails.
11. If any required work is not done, the city may allow temporary occupancy if:
a. The city determines that the work is not essential to public health, safety or
welfare.
b. The above-required letter of credit or cash escrow is held by the City of
Maplewood for all required exterior improvements. The owner or contractor
shall complete any unfinished exterior improvements by June 1 of the
following year if occupancy of the building is in the fall or winter or within six
weeks of occupancy of the building if occupancy is in the spring or summer.
12. All work shall follow the approved plans. The director of community development
may approve minor changes.
13. The applicant shall submit revised elevations showing the color-matched down
spouts along with a transition band between the seam in the block and the upper
building materials to ensure there is a nice transition.
14. The City Engineer shall review and make a determination on the need of a
crosswalk from Sterling Street across Londin Lane to the development site.
__________ by the City Council of the City of Maplewood, Minnesota, on October 25, 2021.
Council Packet Page Number 252 of 300
J2, Attachment 4
2501 Londin Lane East
August 27, 2021
City of Maplewood
Legend
!
I
0490
Feet
Source: City of Maplewood, Ramsey County
Council Packet Page Number 253 of 300
J2, Attachment 5
2501 Londin Lane East
August 27, 2021
City of Maplewood
Legend
!
I
Future Land Use - 2040
Low Density Residential
Medium Density Residential
High Density Residential
Public/Institutional
Park
0490
Feet
Source: City of Maplewood, Ramsey County
Council Packet Page Number 254 of 300
J2, Attachment 6
2501 Londin Lane East
August 27, 2021
City of Maplewood
Legend
!
I
Zoning
Single Dwelling (r1)
Multiple Dwelling (r3)
Planned Unit Development (pud)
Farm (f)
Open Space/Park
0490
Feet
Source: City of Maplewood, Ramsey County
Council Packet Page Number 255 of 300
J2, Attachment 7
Project Narrative
Real Estate Equities is pleased to submit this planning application for the future
development of the approximately 5.92 acre site located at 2501 Londin Lane E., in the
City of Maplewood, Ramsey County, Minnesota. The proposed development, to be
developed by Real Estate Equities (the “Applicant”), which will be further detailed in this
narrative, will be for approximately 148-units of multifamily housing. Project amenities
will include a dog run, outdoor playground, patio with grilling stations, club room as well
as a fitness center. The property will also include a full-time on-site management team.
The proposed development will include 72 one bedroom-one bath, 61 two bedroom-two
bath, and 15 three bedroom-three bath housing units. The project is currently proposing
158 surface parking stalls as well as 151 underground parking spaces.
Real Estate Equities Applicant Background / Resume
–
Real Estate Equities (REE) is a 50-year-old multifamily development and property
management company based in the Twin Cities. We are predominantly focused on
providing quality workforce and affordable rental housing that improves the lives of the
families and seniors that call our communities home. We are focused on developing a high-
quality project that represents our brand and community well. In REE’s history, they have
developed and managed over 12,000 multifamily housing units across the country. REE is
a long-term owner and as such they use high-quality and attractive materials for
construction. REE stays committed to future investment in its assets to maintain the high
standards that are expected by its residents, community partners and financial stakeholders.
More information on the applicant can be found at the company website:
REEapartments.com.
Property Location and Current Use
The Property’s Ramsey County Tax Assessor’s Parcel Numbers are: 122822120001. As
previously mentioned, the Property is located at 2501 Londin Lane E., in the City of
Maplewood, Minnesota.
The Property was formerly used as a fire station in the City of Maplewood. However,
currently the property remains unoccupied and owned by the City of Maplewood. The
property is in a growing/developing area of the City (See Site Aerial Photo below).
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Site Aerial Photo
Site Information
The Property is currently vacant and has frontage along both Lower Afton Road and
Londin Lane E. Across Lower Afton Road to the north is the Ramsey County Correctional
facility accompanies with both religious service, and education services. Further to the
north alongside Interstate 94, there are restaurants, commercial and retail uses in the
developed sites to the north of the subject property. South of the proposed development is
a mix of uses ranging from single family homes to parks and recreational sites. In addition,
the site is located near Crestview Park, Carver Elementary School, and Costco Wholesale.
To the east of the development site is commercial and restaurant services. To the west is
primarily multifamily housing and educational services. The additional rooftops added to
this area by this proposed development will support future investment from commercial
and retail development uses for the remaining commercial and retail opportunities in this
area.
The proposed project will provide efficient entry and exit locations for future residents.
Throughout the site there are ample internal pedestrian connections as well as walkable
access to Lower Afton Road & Londin Lane E. The goal is to encourage and promote a
walkable site with landscape features to designate and encourage pedestrian usability. A
vehicular/pedestrian connection east/west was also important in order to integrate the
multifamily development site with the current commercial uses to the east and west of the
proposed development.
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The project will utilize multiple fire safety construction materials such as mineral wool,
OSB and gypsum sheathing as a part of wall and floor assemblies as well as within
concealed spaces to block the migration of fire and hot gases in case of fire. The building
will also be fully equipped with an NFPA 13 fire suppression system. Fire alarms, Smoke
detectors, and CO detectors in units, as well as common areas.
The project will provide adequate lighting and open space on site through the following
methods. Multiple high-efficiency lighting throughout the parking area, as well as high-
quality camera systems to ensure a safe environment for all residents and staff.
Additionally, the project will offer a tot lot/playground, patio with grilling stations, and a
dog run. With the inclusion of all these amenities, the applicant believes that this will more
than exceed the green space requirement set forth by the City of Maplewood.
In addition to ample green space and surface level parking there are several other aspects
that will help eliminate overcrowding on site. These include, secured and controlled entry
systems, private underground parking, and efficient management systems. These efficient
management systems include, consistent tracking of vehicles parked in both the surface lot
and underground parking area, detailed lease tracking on a month-by-month basis, and a
secure and organized packaging and mailing system.
The project will also act as a catalyst from a valuation standpoint for the surrounding
properties and homes in the immediate area. Throughout the years, there has been a
consistent trend of increasing properties values of homes and surrounding properties that
are adjacent to a newly developed multifamily apartment complex. This is the case for both
market rate and income restricted properties.
The proposed zoning request is consistent with the surrounding properties and
neighborhood as the applicant is proposing to implement a very similar but higher quality
product than what is already operating in the area. To the east of the proposed development
are two multifamily complexes known as Afton View Apartments, a 286-unit complex
built in 1970; as well as, Park Apartments & Townhomes, a 136-unit complex built in
1967. The project will offer a high-quality product with a robust amenity package for its
residents. In addition to the high-quality product the design team will continue to work
with the city staff to incorporate design aspects that best emulate the surrounding
neighborhoods and features.
Based upon the applicant’s analysis of the surrounding area, REE believes that the location
has the adequate public facilities to service the proposed development of 148 multifamily
housing units.
Conclusion
Real Estate Equities is excited to bring this housing solution to the City of Maplewood.
This project will set a high standard for future multifamily development in the City of
Maplewood, and as an added benefit will provide 148 units of mixed-income housing. This
project is compelling in that it provides a diverse housing option to the City of Maplewood
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and the larger market area at a time when it is needed most. The project will be a perfect
fit to this retail and commercial node within the city and will provide housing within a short
distance from current and future commercial, retail, restaurant uses. This project will allow
for current and incoming residents to access an attainable housing option to support all
levels of growth within the city. It will be a win for future and current City of Maplewood
residents and the economic development of this area within the city, as employers continue
to seek investment in communities with a variety of housing choices for prospective
employees. The Applicant looks forward to working with the city on this much needed
housing project.
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Engineering Plan Review
PROJECT: Londin Lane Multi-Family Housing Building
2501 Londin Lane East
PROJECT NO: 21-23
COMMENTS BY: Jon Jarosch, P.E. – Assistant City Engineer
DATE: 9-9-2021
PLAN SET: Engineering plans dated 8-13-2021
REPORTS: Stormwater management plan dated 8-13-2021
The applicant is seeking city approval to develop a 148-unit multi-family housing building and
associated site amenities at 2501 Londin Lane East. The applicant is requesting a review of the
current design.
The amount of disturbance on this site is greater than ½ acre. As such, the applicant is required
to meet the City’s stormwater quality, rate control, and other stormwater management
requirements. The applicant is proposing to meet these requirements via the use of filtration
basin. From the information submitted, it appears that the proposed design meets the City and
Watershed District stormwater management requirements.
This review does not constitute a final review of the plans, as the applicant will need to submit
construction documents and calculations for final review. The following are engineering review
comments on the design and act as conditions prior to issuing permits.
Drainage and Stormwater Management
It has been noted that adjacent properties have raised concerns in regards to existing water
issues experienced on their properties and the potential impacts this proposed development
could have. This was kept in mind while performing this review. As do all projects, this proposal
was reviewed to ensure it meets the City’s stormwater management requirements, which
includes reducing rates of discharge and improving water quality. This project, as proposed
meets the City’s stormwater management requirements, reducing runoff rates substantially in
the 2-year, 10-year, and 100-year design events. Likewise, the prosed design meets the City’s
water quality requirements, providing 22,437 cubic-feet of filtration basin capacity.
While the overall drainage pattern to the adjacent property to the west is maintained, it is worth
noting that the discharge point for runoff has been shifted 200-feet to the north in the proposed
design, placing it further from the existing buildings to the west.
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The development as submitted should not negatively impact the adjacent properties given the
combination of the reduced flow rates, improved water quality, and relocated discharge location.
1) The project shall be submitted to the Ramsey-Washington Metro Watershed District
(RWMWD) for review. All conditions of RWMWD shall be met.
2) A joint storm water maintenance agreement shall be prepared and signed by the owner
for the proposed filtration basin, infiltration basins, pretreatment devices, and
underground detention system. The Owner shall submit a signed copy of the joint storm-
water maintenance agreement with the RWMWD to the City.
3) The lowest floor elevation (LFE) of the proposed building shall be set at least 2-feet
above the 100-year high water elevation of the proposed filtration basin. Likewise, the
LFE shall be set at least 1-foot above the designated emergency overflow elevation.
4) An emergency overflow for the filtration basin shall be identified on the plans. This
overflow shall be properly stabilized to prevent erosion during an overflow event.
5) A minimum 3-foot deep sump shall be installed on CBMH-101 and CBMH-201 to provide
pre-treatment and sediment removal upstream of the proposed filtration basin.
Traffic and Pedestrian Analysis
The City consulted with S.E.H., Inc. to analyze the potential traffic impacts from the proposed
development. Their findings noted that the approximate traffic demand from the development is
predicted to function acceptably on Londin Lane, Lower Afton Road, and under the current
configuration of the intersection of these two roadways.
6) The applicant shall have Ramsey County review the proposal to determine if any
modifications to the pedestrian crossing on Lower Afton Road are necessary per the
County’s Pedestrian Crossing Treatment Policy. All requirements of Ramsey County
shall be met.
7) A five-foot wide concrete sidewalk shall be added along the properties Londin Lane
frontage within the public right-of-way.
8) The applicant shall review the easterly site entrance in relation to its distance from
Sterling Street to ensure there are no conflicting turning movements. Likewise, this
entrance shall be reviewed to ensure plantings and site grades do not interfere with
sightlines for motorists on Londin Lane or those exiting the site.
Grading and Erosion Control
9) All slopes shall be 3H:1V or flatter.
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10) Inlet protection devices shall be installed on all existing and proposed onsite storm
sewer until all exposed soils onsite are stabilized. This includes storm sewer on adjacent
streets that could potentially receive construction related sediment or debris.
11) Adjacent streets and parking areas shall be swept as needed to keep the pavement
clear of sediment and construction debris.
12) All pedestrian facilities shall be ADA compliant.
13) The total grading volume (cut/fill) shall be noted on the plans.
14) A copy of the project SWPPP and NDPES Permit shall be submitted prior to the
issuance of a grading permit.
Sanitary Sewer and Water Service
15) The applicant shall be responsible for paying any SAC, WAC, or PAC charges related to
the improvements proposed with this project. A SAC determination is required.
16) All modifications to the water system shall be reviewed by Saint Paul regional Water
Services. All requirements of SPRWS shall be met.
17) All new sanitary sewer service piping shall be schedule 40 PVC or SDR35.
18) The proposed sanitary sewer service shall be core-drilled into the manhole.
Other
19) The proposed sanitary sewer connection extends across Londin Lane at Sterling Street.
Londin Lane and Sterling Street shall be restored per the City’s right-of-way Ordinance.
This will include the replacement of the base and wear course pavement from
construction joint to construction joint.
20) The applicant shall provide a self-renewing letter of credit or cash escrow in the amount
of 125% of the proposed site improvements including earthwork, grading, erosion
control, site vegetation establishment, aggregate base, and paving.
21) A Ramsey County right-of-way permit shall be obtained for all work within the right-of-
way along Lower Afton Road.
22) Grading and storm sewer construction is shown within the existing Magellan Pipelines
Easement. The project shall be reviewed by Magellan Pipelines. All of their requirements
shall be met.
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Public Works Permits
The following permits are required by the Maplewood Public Works Department for this project.
The applicant should verify the need for other City permits with the Building Department.
23) Right-of-way permit
24) Grading and erosion control permit
25) Storm Sewer Permit
26) Sanitary Sewer Permit
- END COMMENTS -
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Environmental Review
Project: 60 Unit Senior Housing Cooperative
Date of Plans: 8/13/21 – Landscape Overall Plan and Tree Plan
Date of Review: 9/13/21
Location: 2501 Londin Lane
Reviewer: Shann Finwall, Environmental Planner
Carole Gernes, Natural Resources Coordinator
Project Background: One hundred forty eight unit multi-family housing building. There are
significant trees on the site. The applicant is proposing a filtration basin. The development
must comply with City’s tree ordinance, filtration basin and overall landscaping policies. In
addition, all multi-family properties are covered by the City’s recycling program.
1. Trees:
a. Requirements: Maplewood’s tree preservation ordinance describes a significant
tree as a healthy tree with the following species and size criteria: 1) hardwood
tree with a minimum of 6 inches in diameter; 2) evergreen tree with a minimum of
8 inches in diameter; and 3) softwood tree with a minimum of 12 inches in
diameter. A specimen tree is defined as a healthy tree of any species which is
28 inches in diameter or greater.
Tree replacement is based on a calculation of significant trees located on the site
and significant trees removed. Credits are given for all specimen trees that are
preserved. The applicant must mitigate tree replacement by planting as many
trees (2-inch caliper or larger) on the site as possible. If there is not enough
room for all replacement trees, the City can authorize the applicant pay into the
City’s tree fund at a rate of $60 per caliper inch of replacement tree that cannot
be planted on site.
b. Proposal: There are 17 significant trees equaling 257 diameter inches of trees
on the property. The applicant is removing 13 significant trees equaling 191
diameter inches. One 33-inch specimen tree is being preserved. Based on
trees removed and trees saved, the applicant must replace 139.12 caliper inches
of trees (69 2-inch caliper trees).
The applicant’s landscape plan includes 79 new trees, for 192 caliper inches.
The landscape plan meets the City’s tree replacement requirements.
c. Recommendations:
1) Prior to issuance of a grading permit the applicant must submit the
following:
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a) A revised tree plan showing the correct tree replacement
calculation (i.e., one 33-inch specimen tree is being preserved, not
a total of 66 inches).
b) A tree protection plan that identifies how trees being preserved
near the development will be protected per the City’s tree
ordinance and standards.
c) A cash escrow or letter of credit to cover the cost of the
replacement trees.
2. Filtration Basin Infiltration Basin:
a. Requirement: Large filtration basins will ideally be planted with deep-rooted
native plants. The City requires a portion of the basin to be planted rather than
seeded. Using plants rather than seeds hastens establishment and provides a
better chance of successful establishment. Basin bottoms and lower elevations
almost never establish successfully from seed since the seed is washed away
when stormwater flows into the basin.
b. Proposal: There is a large filtration basin proposed on the northwest side of the
parcel.
c. Recommendations:
1) Provide a detailed landscape plan for the infiltration basin, including a list
of species, container size, spacing, and quantities to be approved by City
staff.
2) For any area using a native seed mix provide information on maintenance
for planting year and years two and three, addressing what maintenance
activities will be required and what entity (developer, owner, etc.) will take
on this responsibility.
3. Overall Landscaping Recommendations:
Prior to issuance of a grading permit the applicant will submit a revised landscape plan
that addresses the following:
a. The landscape plan includes 19 maple trees. The City of Maplewood’s urban
forest already consists of over 20% maples. In order to increase the diversity of
our canopy, please substitute native, climate resilient shade tree species from
the attached list.
b. Please substitute a river birch, Betula nigra for the non-native Betula platyphylla.
c. Please substitute 4 Swamp White Oak, Quercus bicolor for the 4 Regal Prince
oak hybrids.
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d. Japanese tree lilac was reported as invasive in several areas of Minnesota over
the last two years, including the Metro Area. Please substitute a pollinator
supporting native tree, such as serviceberry for the 11 Japanese tree lilacs.
e. Burning bush, Euonymus alatus, is on the Minnesota Noxious Weed Specially
Regulated List. It will move up to the Restricted Noxious Weed list in
2023. Please substitute a native pollinator-supporting shrub such as chokeberry,
Aronia melanocarpa; Eastern Wahoo, Euonymus atropurpurus; American
hazelnut, Corylus Americana; or blueberry, Vaccinium ssp.
f. Lady’s mantle, Alchemilla mollis, exhibits invasive tendencies:
https://hort.extension.wisc.edu/articles/ladys-mantle-alchemilla-
mollis/#:~:text=Lady's%20mantle%20should%20be%20planted,6%E2%80%9D%
20across%20with%20serrated%20edges. Because prevention is the most
successful method of managing invasive species, please substitute the 32 lady’s
mantles with a pollinator supporting native plant such as butterfly weed,
Asclepias tuberosa or another native suited to the soil, moisture and lighting
conditions.
g. This site is the location of the largest infestation of common tansy in Ramsey
County. Common tansy is on the Minnesota Noxious Weed Prohibited - Control
List. By law the infestation must be controlled to prevent spread. Movement of
soil from this site before eradication would spread the plant with the soil.
The Ramsey County Cooperative Weed Management Area (CWMA) has been
treating tansy on the site by removing seed heads and treating with Escort
herbicide during non-flowering periods.
1) Work with the Ramsey County CWMA to treat the area one more time.
The CWMA will require a landowner’s agreement for the work. Grant
funds will be used so there will be no cost to the applicant or the City.
2) Hire a natural resources specialist or certified pesticide applicator familiar
with identification and treatment of this invasive species. A specialty
herbicide only available to licensed applicators is necessary.
4. Recycling: Maplewood’s solid waste ordinance requires all multiple-family properties
with more than four units to be included in the City’s recycling program. The City’s
recycling contractor supplies the carts or dumpsters. The City's recycling fee is invoiced
to multiple-family dwellings on a per unit, per monthly fee basis with their water and
sanitary sewer bills.
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DRAFT
MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD
1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA
TUESDAY, SEPTEMBER 21, 2021
5:00 P.M.
E. NEW BUSINESS
1. Design Review, Lower Afton Apartments, 2501 Londin Lane
i. Michael Martin, Assistant Community Development Director, gave the report
on the
Design Review for Lower Afton Apartments, 2501 Londin Lane.
ii. Alex Bisanz, Real Estate Equities, addressed the board and answered
questions.
iii. Petro Megits, Kaas Wilson Architects, addressed the board and answered
questions.
iv. Josh McKinney, Sambatek, Inc., addressed the board and answered
questions.
Boardmembers Lamers and Shankar made friendly amendments that are reflected in the
motion below in bold and underlined.
Boardmember Lamers made a motion to approve the plans date stamped September 3,
2021 section 3.01 items 1-12 with additional items 13 and 14. (changes to the staff
conditions are underlined and in bold:
1. Obtain a conditional use permit from the city council for this project.
2. Repeat this review in two years if the city has not issued a building permit for this
project.
3. All requirements of the fire marshal and building official must be met.
4. Satisfy the requirements set forth in the engineering review authored by Jon Jarosch,
dated September 9, 2021.
5. Satisfy the requirements set forth in the environmental review authored by Shann
Finwall and Carole Gernes, dated September 13, 2021.
6. The applicant shall obtain all required permits from the Ramsey-Washington Metro
Watershed District.
7. Rooftop vents and equipment shall be located out of view from all sides of the
property.
8. Any identification or monument signs for the project must meet the requirements of
the city’s sign ordinance. Identification or monument signs shall be designed to be
consistent with the project’s building materials and colors.
9. Prior to the issuance of a building permit, the applicant shall submit for staff approval
the following items:
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a. The applicant shall provide the city with a cash escrow or an irrevocable letter of
credit for all required exterior improvements. The amount shall be 150 percent of
the cost of the work.
b. Submit to staff a screening plan detailing that all ordinance requirements are met
in terms of screening on the west side of the west parking lot.
10. The applicant shall complete the following before occupying the building:
a. Replace any property irons removed because of this construction.
b. Provide continuous concrete curb and gutter around the parking lots and
driveways.
c. Install all required landscaping and an in-ground lawn irrigation system for all
landscaped areas.
d. Install all required outdoor lighting.
e. Install all required sidewalks and trails.
11. If any required work is not done, the city may allow temporary occupancy if:
a. The city determines that the work is not essential to public health, safety or
welfare.
b. The above-required letter of credit or cash escrow is held by the City of
Maplewood for all required exterior improvements. The owner or contractor shall
complete any unfinished exterior improvements by June 1 of the following year if
occupancy of the building is in the fall or winter or within six weeks of occupancy
of the building if occupancy is in the spring or summer.
12. All work shall follow the approved plans. The director of community development
may approve minor changes.
13. The applicant shall submit revised elevations showing the color-matched
down spouts along with a transition band between the seam in the block and
the upper building materials to ensure there is a nice transition.
14. The City Engineer shall review and make a determination on the need of a
crosswalk from Sterling Street across Londin Lane to the development site.
Seconded by Vice Chairperson Shankar. Ayes – All
The motion passed.
This item will go before the city council on October 25, 2021.
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DRAFT
MINUTES OF THE MAPLEWOOD PLANNING COMMISSION
1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA
TUESDAY, SEPTEMBER 21, 2021
7:00 P.M.
E. PUBLIC HEARING
2. Lower Afton Apartments, 2501 Londin Lane
a. Zoning Map Amendment Ordinance
b. Conditional Use Permit Resolution
Alex Bisanz, Real Estate Equities, addressed the commission and answered questions.
Josh McKinney, Sambatek, Inc
Chairperson Arbuckle opened the public hearing. The following people spoke:
1. Robert Barbosa-2455 Londin Lane E Unit 321
2. Paul Kinsella-2465 Londin Lane E Unit 104
3. Mike Taube-324 O’Day St S
4. Sarah Hall-2445 Londin Lane E Unit 106
5. Lyle Puppe-2445 Londin Lane E Unit 211
6. Bill Barrett-2485 Londin Lane E Unit 324
7. Gary Fuller-354 Mary St S
8. Josh McKinney-Sambatek, Inc
9. Brian Frank-12800 Whitewater Way
10. Sue Zukaitis-2445 Londin Lane E Unit 306
Chairperson Arbuckle closed the public hearing.
Commissioner Ige made a motion to approve an ordinance amending the city zone map
to rezone the property from F-farm residence to R-3-multiple dwelling.
Seconded by Commissioner Desai. Ayes – Arbuckle, Desai,
Eads, Ige
Nays – Sukolsky
The motion passed.
Commissioner Ige made a motion to approve a resolution for a Conditional Use Permit.
Seconded by Commissioner Desai. Ayes – Desai, Eads
Nays – Arbuckle, Ige,
Sukolsky
The motion failed.
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Chairperson Arbuckle made a motion that the developer have all the documents about
the hydrostatic water, etc. prior to giving the approval.
Seconded by Commissioner Eads. Ayes – Arbuckle, Desai,
Eads,
Sukolsky
Nays – Ige
The motion passed.
This item will go to the city council on October 25, 2021.
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148 Workforce Apartments Lower Afton Rd and Londin Ln
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148 Workforce Apartments Lower Afton Rd and Londin Ln
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33333333333333333333333333333333333333
WEST ST. PAUL
WINSLOW –172 UNITS
BROOKLYN CENTER
SONDER HOUSE –127 UNITS
ROCHESTER
EASTGATE –135 UNITS
148 Workforce Apartments Lower Afton Rd and Londin Ln
COON RAPIDS
SPRING HOUSE –168 UNITS
For the permanent record:
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NE ElevationSW Elevation
NW Elevation #1
NW Elevation #2
148 Workforce Apartments Lower Afton Rd and Londin Ln
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148 Workforce Apartments Lower Afton Rd and Londin Ln
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Shown:Spring House Coon Rapids
Sustainable Elements-LED Light Fixtures-Energy Star Appliances/Windows-High Efficiency Mechanical/Plumbing-Low VOC paints/adhesives
Community Amenities-Community Patio-Clubroom-Fitness Center-Playground-Dog Run
148 Workforce Apartments Lower Afton Rd and Londin Ln
Unit Amenities-High Quality Cabinetry-Hard Surface Countertops-In-Unit Washer & Dryer-Vinyl Plank Flooring -9 ft ceiling height
Shown:Spring House Coon Rapids
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Revised
SW Elevation
148 Workforce Apartments Lower Afton Rd and Londin Ln
Original
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Questions?
148 Workforce Apartments Lower Afton Rd and Londin Ln
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Site Description
Surrounding Land Uses
Planning
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August 31st, 2021
Community Development Department
1902 County Rd B East
Maplewood, MN 55109
To Whom It May Concern,
On behalf of the property owners Katie Schurrer & Justin Haynes, I am writing to request a Wetland
Setback Variance for the property at 1091 County Road C East, Maplewood, Minnesota.
Katie & Justin wish to create a new single family home that nestles into the character of the existing
neighborhood and takes in the fantastic views of Kohlman Lake. The home will have a welcoming front
porch, plenty of windows, and would be a fantastic addition to the neighborhood, replacing what was a
home and garage of Katie’s Great Uncle Neal, and was no longer in sustainable condition.
‘Manage A’ designation of this lot creates practical difficulties that, without a variance, would make
construction of a new residence nearly impossible. Because of the unique shape of the wetland as it
sharply enters the property, the official control setback makes a more typical house shape not possible.
However, as you can see from the attached Proposed Site Diagram, every effort has been made to
maintain the bounds of the house behind the 75’ wetland setback, even farther from the wetland in the
Northwest corner than the former home on the property. In addition, as seen from the wetland
delineation report, this proposed house would also be set back farther off the wetland than the
neighboring home to the East. The design of the home is in keeping with all other aspects of the
comprehensive plan and zoning regulations – meeting all other setback requirements, as well as
intentionally reducing the exterior massing where possible and using time tested materials in order to
reduce its visual and environmental impact.
Our request is that the variance be given to allow for an approximate setback of 30’ to allow for grading
work required to build the home, as well as minimal post footings needed for a main level deck. We
hope that you will find our argument and evidence compelling, as well as see the opportunity to
increase the value to the neighborhood by adding a thoughtful, custom designed home to the area. In
addition, we look forward to your feedback and recommendations for additional mitigation and
preservation strategies that might allow for this project to be an example for future projects to come.
Kindly,
Will Spencer, Assoc AIA
Will Spencer Studio, LLC
th
6609 18 Ave S #203
Richfield, MN 55423
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SHEET 1 OF 1
S1
AUGUST 31, 2020AUGUST 31, 2020
KohlmanLake
## 42379
LICENSE NO.DATE
AUGUST 31, 2020
Thomas M. Bloom
County Road C East
17917 Highway 7
Phone (952) 474-7964
Web: www.advsur.com
Minnetonka, Minnesota 55345
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determining what you own, which is a legal matter. Please check the legal description with your records or consult with competcounsel, if necessary, to make sure that it is correct
and that any matters of record, such as easements, that you wish to be ithat would be revealed by a current title commitment. Therefore, this survey does not purport to show any easements
or encumbrthan the ones shown hereon.benchmark for your use in determining elevations for construction on this site. The elevations shown relate only to the benchmaon this survey. Use
that benchmark and check at least one other feature shown on the survey when determining other elevations fthis site or before beginning construction.
survey have been shown.
" Denotes iron survey marker, set, unless otherwise noted.
LEGAL DESCRIPTION:The West 76 feet of the East 356 feet of the West half of the SW 2.Showing the location of observed existing improvements we deem necessary for the survey.4.This survey
has been completed without the benefit of a current title commitment. There may be existing easements or other e
SCOPE OF WORK & LIMITATIONS:3.Setting survey markers or verifying existing survey markers to establish the corners of the property.5.Showing elevations on the site at selected locations
to give some indication of the topography of the site. We have also prov6.Note that all building dimensions and building tie dimensions to the property lines, are taken from the siding
and or stucco of the building.STANDARD SYMBOLS & CONVENTIONS:"
1.Showing the length and direction of boundary lines of the legal description listed above. The scope of our services does not
LEGEND
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VARIANCE RESOLUTION
WHEREAS, Katie Schurrer and Justin Haynes applied for a variance from the
wetland ordinance.
WHEREAS, this variance applies to the property located at 1091 County Road C,
Maplewood, MN. The property identification number is 04-29-22-43-0006. The legaldescription
is the West 76 feet of the East 356 feet of the West half of the SW 1/4 of the SE 1/4 of Section
4, Township 29, Range 22, Ramsey County, Minnesota.
WHEREAS, the applicants are proposing to construct a single-family house and
grading for the house to within 30feet of a Manage Awetlandadjacent a lake, requiring a
45-foot wetland buffer variance.
WHEREAS, the history of this variance is as follows:
1.On September 20, 2021, the Environmental and Natural Resources Commission
reviewed the variance and recommended approval of the wetland buffer variance to
the Planning Commission and City Council.
2.On October 19, 2021, the Planning Commission held a public hearing to review this
proposal. City staff published a notice in the paper and sent notices to the
surrounding property owners as required by law. The Planning Commission gave
everyone at the hearing a chance to speak and present written statements. The
Planning Commission also considered the report and recommendation of the city
staff and Environmental andNatural Resources Commission. The Planning
Commission recommended approval of the wetland buffer variance to the City
Council.
3.The City Council held a public meeting on October 25, 2021, to review this proposal.
The City Council considered the report and recommendations of the city staff, the
Environmental and Natural Resources Commission, and the Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council ____________ the
above-described variance based on the following reasons:
1.The property is zoned and guided as single-family residential. The property will be used
in a reasonable manner as a single-family house.
2.The lot is a pre-existing platted lot located adjacent a wetland. The original house was
built 83 years ago, prior to the City’s wetland buffer ordinance. That house was a pre-
existing nonconforming structure because it encroached into the wetland buffer. Strict
enforcement of the ordinance would prohibit the building of most types of new
permanent structureson the lot, substantially diminishing the potential of this lot.These
are circumstances unique to this property.
3.The lot is surrounded by other single-family houses that are located adjacent the wetland
with accessto Kohlman Lake. Approval of the wetland buffer variance will include the
restoration of 1,000 square feet of wetland buffer to native plants, which will improve the
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water quality and wildlife habitat of the wetland. The placement of the single-family
house and wetland buffer variance will not alter the essential character of the
neighborhood.
Approval of the wetland buffer variance shall be subject to the following:
1.Prior to issuance of a grading permit for the new single-family house the applicants
must submit:
a.Tree Plan: A tree plan which shows the location, size, and species of all
significant treeslocated on the lot, and the trees that will be removed with the
construction of the new single family house. Removal of significant trees with
the construction of the single-family house must comply with the City’s tree
preservation ordinance and tree replacement requirements.
b.Wetland Buffer Restoration: A wetland buffer restoration plan to be approved
by City staff. The restorationplan will reflect native plantings within a 1,000
square foot area adjacent the wetland.
c.Wetland Buffer Signs: A wetland buffer sign plan showing the installation of
at least two wetland buffer signs on the south side of restored wetland buffer
native plant area. The signs identify the wetland buffer and state that no
mowing, cutting, building, or grading is allowed in the wetland buffer. The City
supplies the signs at a cost of $35 per sign. The applicant must install the
signs once the native plantings are complete.
d.Driveway: Applicants must obtain a driveway permit from Ramsey County.
The driveway must meet the County and City driveway code requirements.
City code allows hard surface (driveways) in the front yard to cover no more
than40 percent of the front yard. The driveway width at the entrance is
limited to 32 feet andthe maximum total driveway width of the two entrances
cannot exceed 32feet.
e.Dock: Any future deck must meet the Department of Natural Resources
Docks and Access in Public Water requirements and the City of Maplewood
wetland ordinance public water access requirements.
f.Escrows: A tree and wetland buffer escrow. The tree escrow is $60 per
caliper inch of tree required to be replaced. The wetland buffer escrow is 150
percent of the cost of the wetland bufferrestoration.
2.Prior to release of the escrow, any replacement trees required must be planted with
a one-year warranty and the wetland buffer plantings must be established.
The Maplewood City Council approved this resolution on __________________.
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